Niraimathy P v. Balamurugan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH in REV.APLC.(MD)No.SR85446 of 2023 and REV.APLC.(MD)No.SR85446 of 2023 P.Niraimathy ... Petitioner in both cases vs.

1.Balamurugan 2.The District Collector, The District Collector Office, Madurai-625 020.

3.The District Revenue Officer, The District Collector Office, Madurai - 625 020. 4.The Revenue Divisional Officer, Melur Revenue Divisional Office, Vellaripatti, Melur Taluk, Madurai District.

5.The Tahsildar, Melur Taluk Office, Melur, Madurai District-625 105.

6.Vairavan 7.Vadam Vetti 8.Manthakalai ... Respondents in both cases 1/5

PRAYER in W.M.P(MD)No.24089 of 2023 : Petition filed under Article 22 of Constitution of India to grant leave to the petitioner herein to file the present Review Petition against the order dated 06.11.2023 passed in W.P.(MD)No.13633 of 2021.

PRAYER in REV.APLC.(MD)No.SR85446 of 2023:

- Review Application filed under Order 47 Rules 1 and Section 114 of Code of Civil Procedure read with Article 226 of Constitution of India, to call for the records relating to the order passed by this Court in W.P.(MD)No. 13633 of 2021 and to review the same and allow the present Review Petition.

For Petitioner :Mr.N.Sudhagar Nagaraj For R2 to R5 :Mr.A.K.Manikkam Special Government Pleader *****

O R D E R

This Court does not find any ground to grant leave in this case. Even when the order was passed in the Writ Petition, it was made clear that the parties will have to agitate their right only before the competent civil Court in the pending suit and based on the result of the suit, the parties were directed to approach the revenue authorities and seek for the relief.

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2.In view of the same, it is not necessary to make mention of any other proceedings in the Writ Petition and the parties can always mark the proceedings relied upon by them before the competent civil Court and the civil Court will deal with the same on its own merits and in accordance with law. Accordingly, petition is closed. No costs. Consequently, the Review Application is rejected at SR stage itself. Index :Yes / No 01.12.2023 Internet :Yes / No NCC :Yes / No cmr To 1.The District Collector, The District Collector Office, Madurai-625 020.

2.The District Revenue Officer, The District Collector Office, Madurai - 625 020. 3.The Revenue Divisional Officer, Melur Revenue Divisional Office, Vellaripatti, Melur Taluk, Madurai District.

4.The Tahsildar, 3/5

Melur Taluk Office, Melur, Madurai District-625 105.

N.ANAND VENKATESH, J.

cmr in REV.APLC.(MD)No.SR85446 of 2023 and REV.APLC.(MD)No.SR85446 of 2023 4/5

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