Bharathidhasan v. The Revenue Divisional Officer/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2024

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA and W.M.P.(MD) Nos.19726 and 19727 of 2024 Bharathidhasan ... Petitioner /vs./ 1.The Revenue Divisional Officer/ Sub Divisional Magistrate, Devakottai, Sivagangai District.

2.The Tahsildar (Special), National Highways (210) (Land Acquisition Wing), Thiruppathur.

3.The Tahsildar, Taluk Office, Thiruppathur, Sivagangai District.

4.The Village Administrative Officer, Siravayal Group, Thiruppathur Taluk, Sivagangai District.

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5.Jothimani 6.Sucila 7.Vellaichamy 8.Thenmozhi 9.Kalimuthu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining to the impugned proceedings initiated by Respondents 5 to 7 pending on the file of the Revenue Divisional Officer/Sub-Divisional Magistrate, Devakottai, Sivagangai District/ the 1st respondent herein, in Na.Ka. A1 2109/2023 dated 18.01.2021 and quash the same as illegal, improper, unlawful, unconstitutional and arbitrary. For Petitioner : Mr.R.Murugan For R1 to R4 : Mr.P.Thambidurai Government Advcoate For R5 : Mr.R.Murali For R6 to R9 : No appearance 2/5

ORDER

The above writ petition has been filed for the issue of a Writ of Certiorari to quash the order passed by the respondents 5 to 7 in Na.Ka. A1 2109/2023 dated 18.01.2021.

2. The petitioner's contention is that the father of these respondents had alienated the property in favour of his brother, Subbbiah who in turn had executed a Will in favour of the petitioner and on his expiry on 26.05.2004, the Will had come into effect and the petitioner became the sole owner of the property. While so, the instant proceedings had been initiated.

3. Mr.P.Thambidurai, learned Government Advocate for the respondents 1 to 4 would submit that it is open to the petitioner to raise all these contentions before the Authorities concerned in the proceedings now initiated.

4. Recording the same, the Writ Petition stands dismissed. The first respondent/Revenue Divisional Officer shall endeavour to dispose of the appeal within a period of two months from the date of receipt of a copy of this order. 3/5

No costs. Consequently, connected Miscellaneous Petitions are closed. Speaking : Yes / No 25.10.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Revenue Divisional Officer/ Sub Divisional Magistrate, Devakottai, Sivagangai District.

2.The Tahsildar (Special), National Highways (210) (Land Acquisition Wing), Thiruppathur.

3.The Tahsildar, Taluk Office, Thiruppathur, Sivagangai District.

4.The Village Administrative Officer, Siravayal Group, Thiruppathur Taluk, Sivagangai District.

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P.T.ASHA, J.

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