Madras High Court
T.Kumaresan vs The Sub Divisional Magistrate Cum on 3 March, 2023
C.M.P(MD)No.2627 of 2023 &
W.A(MD)SR.No.11220 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.03.2023
CORAM:
THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE
and
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
C.M.P(MD)No.2627 of 2023
and
W.A(MD)SR.No.11220 of 2023
T.Kumaresan ... Petitioner in
C.M.P.(MD)No.2627/2023 &
Appellant in
W.A.(MD)SR.No.11220/2023
-vs-
1.The Sub Divisional Magistrate cum
Revenue Divisional Officer,
Dindigul District.
2.The Tahsildar,
Kodaikanal Taluk,
Dindigul District.
3.R.Prabhakaran ... Respondents in
C.M.P.(MD)No.2627/2023 &
Appellant in
W.A.(MD)SR.No.11220/2023
PRAYER in C.M.P.(MD)No.2627 of 2023: Petition filed under
Section 5 of the Limitation Act, praying to condone the delay of 6
days in preferring the Writ Appeal against the order, dated
05.01.2023, passed by this Court in W.P.(MD)No.27632 of 2022.
Page 1 of 5
https://www.mhc.tn.gov.in/judis
C.M.P(MD)No.2627 of 2023 &
W.A(MD)SR.No.11220 of 2023
PRAYER in W.A.(MD)SR.No.11220 of 2023: Writ Appeal filed
under Clause 15 of Letters of Patent, against the order, dated
05.01.2023, passed by this Court in W.P.(MD)No.27632 of 2022.
For Petitioner
in C.M.P. and
For Appellant
in W.A.(MD)SR. : Mr.R.Suriyanarayanan
For R - 3
in C.M.P. and W.A.(MD)SR.: Mr.T.Lenin Kumar
JUDGMENT
[Judgment of the Court was made by
The Hon'ble The ACTING CHIEF JUSTICE]
C.M.P(MD)No.2627 of 2023 has been filed to condone
a short delay of 6 days in filing the Writ Appeal against the order,
dated 05.01.2023, passed in W.P(MD)No.27632 of 2022.
2.Learned counsel appearing for the petitioner
submitted that since the writ petitioner questions the order, dated
17.08.2022, passed by the Revenue Divisional Officer before the
learned Single Judge, he has been directed to file an appeal before
the jurisdictional District Revenue Officer.
https://www.mhc.tn.gov.in/judis
C.M.P(MD)No.2627 of 2023 &
W.A(MD)SR.No.11220 of 2023
3.Learned Single Judge also specifically mentioned that
since factual aspects are involved with regard to the revenue
records, declined to entertain the Writ Petition. As against which,
the petitioner has approached this Court with a delay of 6 days in
filing the Writ Appeal. Even if the delay is condoned, in our view,
the matter has to go back to the District Revenue Officer, as the
District Revenue Officer is the competent authority to decide the
correctness of the order passed by the Revenue Divisional Officer.
Therefore, taking note of the fact that no purpose would be served
in condoning the delay and keeping the matter pending,
C.M.P.(MD)No.2627 of 2023 and W.A.(MD)SR.No.11220 of 2023
are dismissed, giving right to the writ petitioner to approach the
District Revenue Officer. No costs.
[T.R., A.C.J.] [D.K.K., J.]
03.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
https://www.mhc.tn.gov.in/judis
C.M.P(MD)No.2627 of 2023 &
W.A(MD)SR.No.11220 of 2023
To
1.The Sub Divisional Magistrate cum
Revenue Divisional Officer,
Dindigul District.
2.The Tahsildar,
Kodaikanal Taluk,
Dindigul District.
https://www.mhc.tn.gov.in/judis
C.M.P(MD)No.2627 of 2023 &
W.A(MD)SR.No.11220 of 2023
T.RAJA, A.C.J.
and
D.KRISHNAKUMAR, J.
ps
C.M.P.(MD)No.2627 of 2023
and
W.A.(MD)SR.No.11220 of 2023
DATED : 03.03.2023
https://www.mhc.tn.gov.in/judis
