K.Ayyappan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.Ayyappan ... Petitioner Vs.

1.The District Collector, Tenkasi District, 2.The Revenue Divisional Officer, Tenkasi District, 3.The Tahsildar, V.K.Pudur Taluk, 4.The Head Surveyor, O/o. V.K.Pudur Taluk Office, V.K.Pudur Taluk, 5.The Inspector of Police, Uthumalai Police Station, 6.Ramasamy Reddiyar 7.Kanjiammal 1/6

8.Mookiah Reddiyar 9.Murugiah Reddiyar 10.Ovu Reddiyar 11.Ovu Reddiyar 12.Perumal Reddiyar 13.Chinna Ovu Reddiyar 14.The District Revenue Officer, (R14 is suo motu impleaded vide order dated 25.01.2023 by this Court) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the third respondent to issue separate patta for the petitioner's property situated at S.No.38/3 to an exte of 2 Acres and 47 cents at Muthammalpuram Village, V.K.Pudur Taluk, Tenkasi District by demarcating the boundaries along with the help of 5th respondent police protection by making sub-division on the basis of the petitioner's representation dated 06.10.2022. For Petitioner : Mr.M.Sankar For Respondents : Mr.M.Lingadurai Special Government Pleader for R1 to R4 & R14 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) : Mr.R.Gokul for R7 to R13 2/6

ORDER

Heard the learned counsel on either side.

2. The petitioner wants the order dated 09.05.2022 passed by the Revenue Divisional Officer, Tenkasi to be implemented.

3. When the matter was taken up for hearing, the learned counsel appearing for the private respondents herein (R7 & R10) submitted that questioning the order dated 09.05.2022, they have already filed an appeal before the District Revenue Officer, Tenkasi. When the order in question has already been put to challenge, it would not be appropriate for this Court to direct its implementation. The copy of the grounds of revision filed before the District Revenue Officer, Tenkasi has been produced before me. The petitioner herein namely K.Ayyappan is figuring as third respondent in the said revision petition. It is further stated that it has been numbered as Revision No.32 of 2022.

4. The District Revenue Officer, Tenkasi is directed to dispose of Revision No.32 of 2022 filed by Kanjiammal and five others against the order bearing Ni.Mu.A4/10493/2013, dated 09.05.2022 passed by the Revenue 3/6

Divisional Officer, Tenkasi on merits and in accordance with law within a period of four months from the date of receipt of a copy of this order. The rights of the parties will abide by the final outcome of the aforesaid revision proceedings. I make it clear that I have not gone into the merits of the matter.

5. With this direction to the District Revenue Officer, Tenkasi, the Writ Petition is disposed of. No costs.

24.02.2023 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, Tenkasi District, 2.The Revenue Divisional Officer, Tenkasi District, 3.The Tahsildar, V.K.Pudur Taluk, 4.The Head Surveyor, O/o. V.K.Pudur Taluk Office, V.K.Pudur Taluk, 4/6

5.The Inspector of Police, Uthumalai Police Station, 6.The District Revenue Officer, 5/6

G.R.SWAMINATHAN, J.

rmi 24.02.2023 6/6