Masanam Pillai, President, v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.729 of 2016 and WMP(MD) Nos.572 and 573 of 2016 Masanam Pillai

...Petitioner

Vs.

1.The Revenue Divisional Officer, Usilampatti, Madurai District.

2.The Tahsildar, Peraiyur Taluk, Madurai District.

3.G.Krishnan, President, Maravar Uravinmurai, Peraiyur, Madurai District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari Mandamus, calling for the records relating with the order passed by the second respondent in Na.Ka.No.2992/2015/A2, dated 06.01.2016 and quash 1/5

the same as it is arbitrary and illegal and in consequence to direct the respondents 1 and 2 to restore the Patta No.577 to the property, measuring 0.14.0 Ares, comprised in S.No.116/1 in Peraiyur 1st Bit, in Peraiyur Taluk in Madurai District, in the name of Vellalar Uravinmurai, Peraiyur.

For Petitioner : Mr.R.Suriya Narayanan For R1 & R2 : Mr.A.Kannan Additional Government Pleader For R3 :Mr.P.Ganapathi Subramanian

O R D E R

This Writ Petition is filed as against the order of the second respondent in Na.Ka.No.2992/2015/A2, dated 06.01.2016, cancelling the patta granted in favour of the petitioner. 2.The learned counsel appearing for the petitioner seeks time to get instructions.

3.The learned Additional Government Pleader appearing for the respondents 1 & 2 has raised serious objections with regard to the maintainability of this writ petition that the petitioner, who 2/5

filed this writ petition on behalf of the Vellalar Uravinmurai, Peraiyur is no more and no steps have been taken to substitute the present President. It is also reported that with regard to this issue a suit in O.S.No.296 of 2017 is pending before the Sub Court, Tirumangalam and the suit is ripe for trial and listed for framing of issues on 18.02.2023 as well as for pronouncing orders in I.A.No. 266 of 2015.

4.Since with regard to the issue in this writ petition, a suit in O.S.No.296 of 2017 is pending before the Sub Court, Tirumangalam, this writ petition is dismissed with a liberty to the present President, to work out his remedy before the Civil Court in the pending suit. No Costs. Consequently, connected Miscellaneous Petitions are closed.

28.02.2023 Index:Yes Internet:Yes vrn 3/5

To 1.The Revenue Divisional Officer, Usilampatti, Madurai District.

2.The Tahsildar, Peraiyur Taluk, Madurai District.

4/5

B.PUGALENDHI, J.

vrn Order made in W.P(MD)No.729 of 2016 and WMP(MD) Nos.572 and 573 of 2016 28.02.2023 5/5