M. Rajendran v. The District Revenue Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2023 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD) No.1545 of 2016 and WMP(MD) No.1306 of 2016 M.Rajendran Petitioner Vs.

1.The District Revenue Officer, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Tahsildar, Nilakottai Taluk, Dindigul District.

4.Jeyabalan Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari to call for the records pertaining to the proceedings issued by the first respondent dated 30.11.2015 in his proceedings in Na.Ka.No. 1/5

6289/2014/Aa4 and quash the same as illegal.

For Petitioner :Mr.S.A.Ajmal Khan For R1 to R3 :Mr.A.Kannan Additional Government Pleader For R4 :No appearance

O R D E R

The order of the District Revenue Officer/the first respondent in Na.Ka.No.6289/2014/Aa4, dated 30.11.2015, directing the parties to work out their remedy before the competent Civil Court is under challenge in this writ petition. 2.The learned counsel appearing for the petitioner submits that the petitioner is the owner of the property in Survey.No. 32/10, Mallanampatti Village, Nilakkottai Taluk, Dindigul District and a patta was also granted in favour of the petitioner. The fourth respondent by claiming right over the property that the property is his vendor's ancestral property, challenged the order of the Revenue Divisional Officer before the District Revenue Officer. Considering the rival submissions made, and in view of the provisions of Rule 14 2/5

of Patta Pass Book Act, the District Revenue Officer, Dindigul has referred the parties to the competent Civil Court by his proceedings, dated 30.11.2015.

3.Today(13.02.2023), when this writ petition is taken up for hearing, the learned counsel appearing for the petitioner submits that pursuant to the orders of the District Revenue Officer, Dindigul, the petitioner filed a civil suit in O.S.No.14 of 2016, before the District Munsif Court, Nilakkottai.

4.Considering the subsequent development that the suit has been filed by the petitioner in O.S.No.14 of 2016 and in view of the provisions under Rule 14 of the Patta Pass Book Act, the parties have to work out their remedy only before the competent civil Court. Considering the fact that the suit is of the year 2016, the trial Court shall endeavour to conclude the proceedings as expeditiously as possible.

3/5

5. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 13.02.2023 Index: Yes/No Internet: Yes/No vrn To 1.The District Revenue Officer, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Tahsildar, Nilakottai Taluk, Dindigul District.

4/5

B.PUGALENDHI, J vrn Order made in W.P(MD) No.1545 of 2016 and WMP(MD) No.1306 of 2016 13.02.2023 5/5