← Library
Madras High CourtWP(MD)/24473/2023disposed of

Anithabegam v. The Revenue Divisional Officer

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 Anithabegam ... Petitioner Vs.

1.The Revenue Divisional Officer, Iluppur, Pudukottai District.

2.The Tahsildar, Ponnamaravathi Taluk, Pudukottai District.

3.R.Andiyappan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings in Na.Ka.No. 5590/2023/A5 on the file of the first respondent and quash the same as illegal and consequently forbearing the first respondent from interfering the jurisdiction of the competent civil Court. 1/4

For Petitioner : Mr.K.Govindarajan for Mr.P.Sivachandran For Respondents : Mr.S.RA.Ramachandran Additional Government Pleader for R.1 and R.2

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 2.

2. What is under challenge is a mere enquiry notice. The learned counsel appearing for the petitioner would argue that since a civil suit has already been filed in view of Rule 4(4) of Tamil Nadu Patta Pass Book Rules, 1987, the Revenue Divisional Officer will not have jurisdiction to enquire into the matter.

3. This contention can as well be raised before the first respondent himself. I am certain that all the contentions raised by the petitioner will be duly considered before passing final order. 2/4

4. Leaving open all the contentions of the writ petitioner, this writ petition is disposed of. 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 Note: Issue order copy on 13.10.2023.

To 1.The Revenue Divisional Officer, Iluppur, Pudukottai District.

2.The Tahsildar, Ponnamaravathi Taluk, Pudukottai District.

3/4

G.R.SWAMINATHAN, J.

MGA 10.10.2023 4/4