M.Ramanathan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.4690 of 2014 and M.P(MD) Nos.1 to 3 of 2014 M.Ramanathan Son of Muthukaruppan Chettiar, Represented by its Power Agent, S.Meyyappan son of 48, Chellappan Street, K.Pudur, Karaikudi, Sivagangai District.

..... Petitioner - Vs1. The District Collector, Sivagangai.

2. The District Revenue Officer, Karaikudi.

3. The Revenue Divisional Officer, Karaikudi.

4. The Tahsildar, Karaikudi.

5. Ramalakshmi Achi

6. Balaji

7. Devamatha 1/5

8. M.Padmanaban

9. S.Pandiarajan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned notice dated 20.12.2013 in Na.Ka.No.Aa 2/12973-2013 issued by the fourth respondent and quash the same as no jurisdiction and direct the respondents to seek remedy in appropriate civil Court in accordance to law. For Petitioner : Mr.S.M.S.Johnny Basha For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader For R1 to R4 : No appearance - For R5 to R9

ORDER

This writ petition has been filed seeking to call for the show cause notice issued by the fourth respondent, dated 20.12.2013 and consequently, direct the private respondents to approach the civil Court seeking appropriate remedy.

2. Heard Mr.S.M.S.Johnny Basha, learned counsel appearing for the petitioner and Mrs.D.Farjana Ghoushia, learned Special Government 2/5

Pleader appearing for the respondents 1 to 4.

3. The show cause notice was issued by the fourth respondent based upon the representation made by the 8th respondent, who is a power of attorney of the respondents 5 to 7. The claim of the private respondents was based upon a settlement deed executed in their favour which was registered as Document No.2754/13 on the file of the Joint Sub Registrar, Karaikudi, dated 11.12.2013. The said settlement deed seems to have been cancelled by a further document bearing Document No.1484/2014, dated 21.07.2014 on the file of the Sub Registrar, Karaikudi.

4. Thereafter, the patta stood in the name of the petitioner and the petitioner had also executed a settlement deed, on 23.12.2021 bearing Document No.3196/ 2021, on the file of the Joint Sub Registrar, Karaikudi, in favour of his wife. Subsequently, the revenue authorities have also mutated the revenue records in the name of the petitioner's wife.

5. In view of the subsequent event that had taken place, the impugned 3/5

show cause notice does not survive any further and therefore, no further adjudication is required to be made in this writ petition. Accordingly, this Writ Petition is closed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. 01.03.2023 NCC: Yes / No Index :

Yes / No Internet :

Yes / No ebsi To

1. The District Collector, Sivagangai.

2. The District Revenue Officer, Karaikudi.

3. The Revenue Divisional Officer, Karaikudi.

4. The Tahsildar, Karaikudi.

4/5

K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No. 4690 of 2014 01.03.2023 5/5