Ravichandran P v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR REV.APLW.(MD)No.19 of 2023 and W.M.P.(MD)No.973 of 2023 P.Ravichandran ... Review Petitioner -Vs1.The Tahsildar, 2.The Executive Officer, Palayam Town Panchayat, 3.Perumal Raja

4.N.Subramani 5.Veerachamy ... Respondents PRAYER: Petition filed under Order 47 Rule 1 & 114 of Civil Procedure Code, praying this Court to set aside the order dated 08.12.2022 in W.P.(MD)No.16650 of 2021 on the file of this Court.

For Petitioner : Mr.R.Yamuna For Mr.A.V.Arun For R1 & R2 : Mr.M.Sarangan, Additional Government Pleader COMMON ORDER [Order of the Court was made by D.KRISHNAKUMAR, J.] This Review Application is filed against the order of this Court dated 08.12.2022 made in W.P.(MD)No.16650 of 2021 mainly on the ground that the 1st respondent has wrongly classified the land in S.No.1473/23 by sub-dividing it from the larger extent of the land in S.No.1720/B as Sarkar Poramboke Santhu and even as per the earlier registered documents from the year 1975, it was not santhu / lane.

2.Mr.M.Sarangan, learned Additional Government Pleader takes notice for the respondents 1 and 2. Considering the nature of order proposed to be passed in this application, notice to the respondents 3 to 5 is dispensed with. 3.By consent of both parties, this application is taken up for final disposal at the stage of admission itself.

4.The learned Additional Government Pleader for the respondents 1 and 2 has produced the proceedings of the 1st respondent dated 24.01.2023 and submitted that the encroachment made by the review petitioner has already been removed.

5.We are of the considered view that the grounds raised by the review petitioner have not been raised in the Writ Petition. Further, as far as the wrong classification of the land is concerned, it is for the review petitioner to approach the authority concerned, namely, District Revenue Officer, for seeking

reclassification of the land. Without availing such remedy, the petitioner has approached this Court. Therefore, there is no illegality or irregularity in the order passed in the Writ Petition. Accordingly, this Review Application is dismissed. We make it clear that if any such application is pending with regard to the reclassification of the land in question before the authority concerned, namely, District Revenue Officer, it is for him to consider the same on merits and in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] & [R.V., J.] 25.01.2023 NCC : Yes /No Index : Yes / No Internet : Yes / No MYR To 1.The Tahsildar,

2.The Executive Officer, Palayam Town Panchayat,

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

MYR REV.APLW.(MD)No.19 of 2023 25.01.2023