Madras High CourtWP(MD)/21343/2024disposed of

Rajamani v. The Revenue Divisional Officer

2024-09-09Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 09/09/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR and WMP(MD) No.18073 of 2024 Rajamani ... Petitioner Vs

1. The Revenue Divisional Officer, Illuppur Taluk,Pudukkottai District..

2. Sathyavathi, Door No.28/25, Karmel Nagar, Pothanur, Coimbatore..

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st respondent to kept the enquiry proceedings issued in Na.Ka. 001950/2024/A4 dated 12.08.2024 in abeyance till the disposal of the Civil suit in O.S.No.41/2024 on the file of the District Munisf Court, Keeranur.

For Petitioner : Ms.Arul Jenifer for M/s.Kbs Law Office, For Respondent : Mr.D.Gandhiraj for R1 Special Government Pleader 1/4

ORDER

Challenging the enquiry notice issued by the 1st respondent on the basis of the application given by the 2nd respondent for legal heirship certificate, the writ petition has been filed.

2. By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

3. According to the petitioner, the 2nd respondent is not the wife of the petitioner's son one Ravindran. After the death of her son, suddenly, the 2nd respondent is claiming rights as if she has married the petitioner's son. In this regard, the petitioner has already filed a suit in OS No. 41/2024 on the file of the District Munsif Court, Iluppur and the same is pending. At this stage, preliminary enquiry is said to be conducted by the first respondent. Therefore, challenging the enquiry notice, the petitioner is before this Court.

4. I have considered the rival submissions and perused the materials available on record.

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5. The petitioner is directed to appear before the first respondent on the date of enquiry and produce all the records including the pendency of the suit, in such case, since the civil Court has already ceased of the matter, the 1st respondent shall consider the same and postpone the decision.

6. The writ petition is disposed of with the above direction. No costs. Consequently connected Miscellaneous Petition is closed. 09.09.2024 NCC : Yes/No Index : Yes/No RR TO

1. The Revenue Divisional Officer, Illuppur Taluk, Pudukkottai District..

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N.SATHISH KUMAR,J RR

ORDER

IN WP(MD) No.21343 of 2024 Date : 09/09/2024 4/4