Madras High CourtWP(MD)/27704/2023disposed of

Kalpana v. The District Revenue Officer

2023-11-23Honourable Mr Justice G.R.Swaminathan5 pages

1 W.P.(MD)NO.27704 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.27704 of 2023 AND W.M.P.(MD)No.23827 of 2023 Kalpana ... Petitioner Vs.

1. The District Revenue Officer, D.R.O.Office, District Collectors' Office, Trichy -1, Trichy District.

2. The Revenue Divisional Officer, R.D.O.Office, District Collectors' Office, Trichy -1, Trichy District.

3. The Tahsildar(West), Taluk Office, Trichy, Trichy District.

4. Moorthy

5. Kalidoss

6. Kalyani ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the first 1/4

2 W.P.(MD)NO.27704 OF 2023 respondent proceedings made in Na.Ka.Aa6/6500/2022 dated 04.09.2023, quash the same, and further direct 1 to 3 respondents not to make any change in the revenue records pertaining to the property situated at Trichy District, Trichy Taluk(West) Ponamalai Zone, Pirattiyur(East) Village, S.F. No.191/27 admeasuring 30 cents, on the basis of the sale deeds of the respondents 4 and 5 herein.

For Petitioner : Mr.J.Jahir Hussain For R-1 to R-3 : Mr.M.Sidharthan, Additional Government Pleader.

* * *

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for respondents 1 to 3.

2. The petitioner challenges the impugned order dated 04.09.2023 passed by the first respondent dismissing the revision petition filed by the petitioner along with the revision petition filed by Dhanalakshmi Ammal.

3. The learned counsel appearing for the writ petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition.

2/4

3 W.P.(MD)NO.27704 OF 2023

4. I am not in a position to consider the same, since too many facts are involved.

5. The learned Additional Government Pleader informed the Court that civil suits are already pending in respect of the subject matter.

6. It is only just and proper that the petitioner has to pursue his civil remedy. The petitioner need not have any apprehension. The dismissal of this writ petition will not have any bearing on his rights. It is too well settled that the findings given by the revenue authority will not bind the civil Court. The civil Court will decide the issue based on the evidence adduced before it. Granting liberty to the petitioner to pursue the civil remedy before the civil Court in the pending civil suits, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

23.11.2023 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.27704 OF 2023 G.R.SWAMINATHAN,J.

PMU To:

1. The District Revenue Officer, D.R.O.Office, District Collectors' Office, Trichy -1, Trichy District.

2. The Revenue Divisional Officer, R.D.O.Office, District Collectors' Office, Trichy -1, Trichy District.

3. The Tahsildar(West), Taluk Office, Trichy, Trichy District.

W.P.(MD)No.27704 of 2023 23.11.2023 4/4

5 W.P.(MD)NO.27704 OF 2023 5/4