P. Amirthavalli, v. The Revenue Divisional

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)Nos.1 and 2 of 2015 P.Amirthavalli ... Petitioner Vs.

1.The Revenue Divisional Officer, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.N.Chellamal ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the impugned order passed by the first Respondent herein in NE.MU.No.2901/2009 dated 18.02.2013 and quash the same. 1/4

For Petitioner : Mr.V.M.Balamohan Thambi For Respondents : Mr.N.GA.Nataraj, Government Advocate for R1 & R2.

Mr.R.Devaraj for R3.

ORDER

Heard both sides.

2.The issue raised in this writ petition is as regards inclusion of the petitioner's name in the revenue record. The petitioner's name was originally included but then at the instance of the third respondent, the Revenue Divisional Officer, Madurai deleted her name by passing the impugned order dated 18.02.2013. Challenging the same, the present writ petition came to be filed.

3.Even before filing this writ petition, the petitioner had filed O.S.No.71 of 2010 on the file of the District Munsif Court, Vadipatti. During the pendency of this writ petition, the suit came to be dismissed. On the other hand, the counter claim filed by the third respondent herein who figured as the first defendant was allowed. The learned counsel for 2/4

the petitioner is not aware if the said decree has been put to challenge. Since the materials now placed before this Court are adverse to the petitioner, the impugned order is sustained and the writ petition is dismissed. I make it clear that if the petitioner has filed any first appeal, the rights of the parties will abide by the out come of the appeal proceedings. No costs. Consequently, connected miscellaneous petitions are closed.

17.08.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Revenue Divisional Officer, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

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G.R.SWAMINATHAN, J.

ias 17.08.2023 4/4