Siva v. S.Ramaraj @ Rajaram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI in Rev.AplcW(MD)SR.No.69841 of 2024 1.Siva 2.Prabakaran ... Review Applicants / Respondents 5 & 6 Vs 1.S.Ramaraj @ Rajaram ... 1st Respondent / Writ Petitioner 2.The District Collector, Theni District.

3.The District Revenue Officer, Collectorate, Theni.

4.The Revenue Divisional Officer / Divisional Monitoring Committee, Periyakulam, Theni District.

5.The Tahsildar, Taluk Office, Theni.

... Respondents 2 to 5/ Respondents 1 to 4 1/4

Prayer in W.M.P(MD)No.21392 of 2024 : This Writ Miscellaneous Petition is filed under Section 5 of Limitation Act, to condone the delay of 15 days in filing the Review Application against the order dated 06.08.2024 passed by this Court in W.P(MD)No.17771 of 2024.

Prayer in Rev.AplcW(MD)SR.No.69841 of 2024 : This Review Application is filed under Order 47 r/w Section 114 of C.P.C to review the order dated 06.08.2024 made in W.P(MD)No.17771 of 2024 on the file of this Court. For Petitioners : Mr.A.Mohan For Respondents : Mr.S.RA.Ramachandran Additional Government Pleader for R.2 to R.4 No Appearance for R.1

ORDER

The private respondents in W.P(MD)No.17771 of 2024 filed this review application. Since there is a delay, WMP has also been filed for condoning the same. At this stage itself we decided to go into the merits of the matter. We had only gone by the entry in the revenue record. In the UDR, the petition mentioned survey number has been classified as "Nilaviyal Odai" and the authority had instructed the learned Additional Government Pleader that the channel is still available on ground.

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2.The learned counsel appearing for the review applicant would submit that the entry in the UDR is a mistake. If that be so, it is for him to get it corrected before the jurisdictional District Revenue Officer. Our order will not come in the way of the review applicant from working out his rights in the manner known to law.

3.With the aforesaid observation, this Writ Miscellaneous Petition is disposed of and consequently, Rev.AplcW(MD)SR.No.69841 of 2024 is also closed at the SR stage itself.

[G.R.S., J.] [B.P., J.] 13.02.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The District Collector, Theni District.

2.The District Revenue Officer, Collectorate, Theni.

3.The Revenue Divisional Officer / Divisional Monitoring Committee, Periyakulam, Theni District.

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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 4.The Tahsildar, Taluk Office, Theni.

in Rev.AplcW(MD)SR.No.69841 of 2024 13.02.2025 4/4