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Madras High CourtWP(MD)/27632/2022disposed of

Kumaresan .T v. The Sub Divisional Magistrate Cum

2023-01-05Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP (MD)No.27632 of 2022 and WMP(MD)No.21748 of 2022 T.Kumaresan ... Petitioner Vs.

1.The Sub Divisional Magistrate cum Revenue Divisional Officer, Dindigul District.

2.The Tahsildar, Kodaikanal Taluk, Dindigul District.

3.R.Prabakaran ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the order of the first respondent made in Na.Ka No.2192/2017/A2 dated 17.08.2022 and quash the same as it is illegal and in consequence direct him to restore the patta to the land in S.No.225/5B having an extent of 4 acre 80 cents in the petitioner's name. For Petitioner : Mr.R.Suriyanarayanan For Respondents : Mr.M.Lingadurai, Special Government Pleader for R1 & R2 Mr.T.Leninkumar for R3 1/3

ORDER

Heard the learned counsel on either side.

2.The petitioner questions the order dated 17.08.2022 passed by the Revenue Divisional Officer. This is an appealable order. The petitioner can file an appeal before the jurisdictional DRO. Since factual aspects are involved, I do not want to entertain the matter. Granting liberty to the petitioner to file an appeal before the jurisdictional DRO, this writ petition is disposed of. If such an appeal is filed within a period of thirty days from the date of receipt of copy of this order, the same will be entertained without reference to limitation. I have not gone into the merits of the matter. It is open to the jurisdictional DRO to pass orders one way or the other. No costs. Connected miscellaneous petition is closed.

05.01.2023 Index : Yes / No Internet : Yes/ No skm Issue order on 09.01.2023 To:

1.The Sub Divisional Magistrate cum Revenue Divisional Officer, Dindigul District. 2.The Tahsildar, Kodaikanal Taluk, Dindigul District.

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G.R.SWAMINATHAN, J.

SKM WP (MD)No.27632 of 2022 and WMP(MD)No.21748 of 2022 05.01.2023 3/3