Nagarajan N v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)Nos.16681, 16682 of 2023 N.Nagarajan .. Petitioner v.

1.The District Collector, O/o.The District Collector, 2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Nagercoil, 3.The Tahsildar, O/o.The Tahsildar, Agasteeswaram Taluk, Nagercoil, 4.N.Kumaran @ Nainar Kumar .. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the 1/4

records relating to the impugned order of the second respondent in Pa.Mu. (A5)/8273/2022 dated 16.06.2023 and quash the same and consequently, directing the second respondent to mutate the patta in favour of the fourth respondent in S.No.N11/45 in Nagercoil South Village of Agastiswaram Taluk, Kanyakumari District.

For Petitioner : Mr.S.Ram Sundar Vijayraj For Respondents : Mrs.D.Farjana Ghoushia, Special Government Pleader for R.1 to R.3 *****

ORDER

As against the order passed by the Tahsildar mutating the patta in respect of the subject property in favour of the private respondent herein, the petitioner has filed this writ petition.

2.It appears that the petitioner has already filed a revision petition before the District Revenue Officer as against the order impugned in this writ petition.

2/4

3.Having invoked the revisional jurisdiction, the petitioner cannot maintain this writ petition for the same relief. Therefore, this writ petition is dismissed with liberty to the petitioner to raise all the grounds raised in this petition before the revisional authority. The revisional authority, namely, the District Revenue Officer, Kanyakumari, is also directed to conduct the proceedings and conclude the same, on merits and in accordance with law, after affording due opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

Index :

Yes / No 21.08.2023 NCC :

Yes / No Internet :

Yes gk Note:

Mark a copy of this order to The District Revenue Officer, 3/4

B.PUGALENDHI, J.

gk To 1.The District Collector, O/o.The District Collector, 2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Nagercoil, 3.The Tahsildar, O/o.The Tahsildar, Agasteeswaram Taluk, Nagercoil, 21.08.2023 4/4