Senthilkumar v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA Senthilkumar ... Petitioner Vs.

1.The District Revenue Officer, District Revenue Office, Thanjavur.

2.The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

3.Kannan

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Cerrtiorarified Mandamus, to call for the records pertaining to the impugned order passed by the first respondent in his proceedings Na.Ka. 2606943/2024/Oo(2) dated 28.10.2024 and quash the same as illegal, consequently directing the first respondent to rectify the error committed during the UDR Scheme in respect of S.No.157/3/8 by cancelling the Patta No.82 in Survey No.157/12 standing in the name of the third respondent by considering the petitioner's representation, dated 07.08.2024. 1/4

For Petitioner : M/s.C.Geetha For R1 & R2 : Mr.R.Ragavendran Government Advocate

O R D E R

The writ petition is filed challenging the order passed by the first respondent, dated 28.10.2024 and directing the first respondent to rectify the error committed during the UDR Scheme in respect of S.No.157/3/8 by cancelling the Patta No.82 in Survey No.157/12 standing in the name of the third respondent by considering the petitioner's representation, dated 07.08.2024.

2. It is seen that the petitioner along with two others has filed a suit in O.S.No.124 of 2020, on the file of the Additional Sub Court, Kumbakonam for declaration of title and permanent injunction.

3. The first respondent in his impugned order has stated as that the petitioner has already approached the Civil Court, the petitioner has to await the judgment and decree of the civil Court and thereafter, apply for patta in his name from the revenue authorities. I find absolutely no infirmity or illegality in the order of the first respondent.

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4. As the civil Court is already seized of the matter, the petitioner will have to await the result of the suit and therefore, the challenge to the impugned order cannot be sustained. It is needless to state that in case, the civil Court decide the suit in favour of the petitioner, the petitioner is at liberty to approach the revenue authorities for appropriate relief.

5. Accordingly, the writ petition stands dismissed. No costs. 28.11.2024 NCC:yes/no Index:yes/no Internet:yes/no SN To:

1.The District Revenue Officer, District Revenue Office, Thanjavur.

2.The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

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N.MALA, J.

SN 28.11.2024 4/4