Madras High CourtWP(MD)/24454/2023disposed of

Kengnna v. The District Collector

2023-10-10Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.20646 & 20647 of 2023 Kengnna ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai - 625 020.

2.The District Revenue Officer, Madurai District, Madurai - 625 020.

3.The Revenue Divisional Officer, Thirumangalam, Madurai District.

4.A.Thangavel Murugan ... 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 pertaining to the impugned order passed by the third respondent vide his 1/4

proceeding in Ni.Mu.No.1818/2023/A3 dated 31.08.2023 and quash the same as illegal for other reliefs.

For Petitioner : Mr.N.Balasubramanian For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.3

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the official respondents. Considering the nature of relief to be granted, issuance of notice to the fourth respondent is dispensed with.

2. The impugned order is revisable before the District Revenue Officer, Madurai. The learned Special Government Pleader would submit that in fact such a revision petition has already been filed by the petitioner herein. In matters concerning disputed questions of fact, when the parties are having alternative appeal remedy, it would be better for the party to exhaust the same before approaching the writ Court. The petitioner gives an undertaking that he will not alienate or encumber the property in any manner till the issue is resolved. 2/4

3. The said undertaking is recorded. The revision petition filed by the petitioner on 14.09.2023 shall be numbered and disposed of on merits and in accordance with law after notice to the fourth respondent within a period of four months from the date of receipt of a copy of this order. The impugned order shall be put on hold, as otherwise the revision itself may become infructuous.

4. This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

10.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Madurai District, Madurai - 625 020.

2.The District Revenue Officer, Madurai District, Madurai - 625 020.

3/4

G.R.SWAMINATHAN, J.

MGA 3.The Revenue Divisional Officer, Thirumangalam, Madurai District.

and W.M.P(MD)Nos.20646 & 20647 of 2023 10.10.2023 4/4