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Madras High CourtWP(MD)/27510/2023disposed of

Prem Kumar v. The District Revenue Officer

2023-11-21Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.23627 and 23648 of 2023 Prem Kumar ... Petitioner Vs.

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

2.The Revenue Divisional Officer, Aranthangi, Pudukottai District.

3.The Commissioner, Aranthangi Municipality, Aranthangai, Pudukottai District.

4.Subburaman ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order 1/4

Nee.Mu.A3/7917/2019 passed by the 1st respondent in her proceedings dated 23.11.2021 and quash the same as illegal and further direct the 1st respondent to cancel the patta in No.707. For Petitioner : Mr.N.Kamesh For Respondents : Mr.S.RA.Ramachandran, Government Advocate for R1 & R2.

ORDER

Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader for the respondents 1 and 2. 2.The petitioner challenges the impugned proceedings dated 23.11.2021 issued by the first respondent.

3.I am not inclined to entertain the challenge for the simple reason that civil suit in respect of the subject matter is pending before the competent civil Court. A representative suit has been filed and the fourth respondent herein is figuring as one of the defendants. The Civil Court 2/4

will go into the issues raised by the parties and pronounce its verdict. The rights of the parties will abide by the outcome of the civil suit. It is too well settled that the finding rendered by an administrative authority is not binding on the Civil Court. The Civil Court will come to an independent conclusion based on the evidence adduced before it. 4.With these observations, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 21.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Revenue Officer, Pudukottai, Pudukottai District.

2.The Revenue Divisional Officer, Aranthangi, Pudukottai District.

3.The Commissioner, Aranthangi Municipality, Aranthangai, Pudukottai District.

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G.R.SWAMINATHAN, J.

ias 21.11.2023 4/4