Mariammal v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD) Nos.18478 and 18480 of 2023 Mariammal ... Petitioner Vs.

1.The District Revenue Officer, 2.The Tahsildar, Karaikudi Taluk, 3.V.Ganesan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records in Na.Ka.B1.28338/2022 dated 25.08.2023 on the file of the 1st respondent and quash the same as illegal, ultra vires, unconstitutional and without jurisdiction.

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For Petitioner : Mr.S.Ramesh For R1 & R2 : Mr.K.Balasubramani Special Government Pleader For R3 : Mr.S.Rajasekar for Mr.T.Lajapathi Roy and associates

ORDER

Heard both sides.

2.The writ petitioner challenges the impugned order dated 25.08.2023 passed by the first respondent/the District Revenue Officer, Sivagangai District on the grounds set out in the affidavit filed in support of the writ petition.

3.The learned counsel for the writ petitioner reiterated the said contents and called upon this Court to grant the relief as prayed for. 4.I wanted to know from the learned counsel on either side the entry made in the SLR. Copy of the same has been produced for my perusal. The SLR reflects the name of one Vinai Theerthan, S/o.Subban. 2/5

By the impugned order, the District Revenue Officer, Sivagangai District, has only directed restoration of the name of Vinai Theerthan, S/o.Subban. Nothing else has been done. Admittedly, the petitioner's name or her vendor's name is not figuring in the SLR. In these circumstances, the petitioner has to necessarily work out his right in the pending suit. It is well settled that the findings of the revenue authority are not binding on the civil Court. The civil Court will decide based on the evidence adduced before it.

5.With these observations, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. 24.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No mm To:- 1.The District Revenue Officer, 3/5

2.The Tahsildar, Karaikudi Taluk, 4/5

G.R.SWAMINATHAN, J.

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