Madras High Court
Bharathi vs The District Revenue Officer on 30 March, 2023
W.P.(MD) No.7694 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :30.03.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.(MD)No.7694 of 2016
and
W.M.P (MD) No.6383 of 2016
1.Bharathi
2.Marimuthu ... Petitioners
Vs.
1. The District Revenue Officer,
Pudukkottai, Pudukkottai District.
2. The Revenue Divisional Officer,
Pudukkottai, Pudukkottai District.
3. The Tahsildar,
Karambakudi Taluk, Pudukkottai District. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorarified Mandamus, calling for the
records in Ne.Mu.10528/2015/A3 dated 25.02.2016 confirming the
proceedings of the 2nd respondent in Na.Ka.A4/3000/2015 dated
24.06.2015 passed by the 2nd respondent and quash the same and directing
the respondents to cancel the subdivision order in respect of S.F.No.
Page 1 of 6
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W.P.(MD) No.7694 of 2016
165/10C situated in Kulamppampatti Hamlet, Pallavarayan Paththai
Revenue Village, Karambakudi Taluk, Pudukkottai District.
For Petitioners :Mr.K.Baalasundharam
For Respondents :Ms.D.Farjana Ghoushia
Special Government Pleader
ORDER
The petitioners have challenged an order dated 25.02.2016 by
which the District Revenue Officer concluded that he will act on the basis of
the judgment and decree of the civil court in the pending proceedings.
2. The petitioners assert title to the land bearing Survey No.
165/10 at Kulamppampatti Hamlet, Pallavarayan Paththai Revenue Village,
Karambakudi Taluk, Pudukkottai District. According to the petitioner, the
said land admeasuring 10 cents is the ancestral property of the petitioners. It
is asserted that the said land stood in the name of the petitioners' father even
before the UDR scheme. The petitioners assert that some third parties
attempted to encroach upon the said property and that various proceedings
were initiated in relation thereto. It is further stated that the third respondent
removed the fencing that the petitioners had erected in the property.
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W.P.(MD) No.7694 of 2016
3. Learned counsel for the petitioners reiterated the above facts
and submitted that the impugned order is liable to be interfered with so as to
enable the petitioner to protect their property by erecting a fence so as to
prevent encroachment thereof.
4. Learned Special Government Pleader invited my attention to
the impugned order. By referring to the operative portion thereof, she
submitted that the District Revenue Officer noticed the fact that there are
civil proceedings pending before the District Court, Pudukottai. Therefore,
the District Revenue Officer concluded that any decision with regard to the
mutation of revenue records would be taken on the basis of the judgment
and decree of the civil court. In these circumstances, learned Special
Government Pleader submits that there is no scope for interference with the
impugned order.
5. Upon perusal of the impugned order, I find that the District
Revenue Officer has noticed that the land bearing Survey No.165/9 is a
“Vandipathai” and that it is adjacent to Survey No.165/10A. He has also
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W.P.(MD) No.7694 of 2016
taken notice of the fact that members of the public, who reside in the
vicinity, have been using these lands as a pathway. Eventually, he
concluded that any mutation in the revenue records would be on the basis of
the judgment and decree of the civil court in the pending proceedings.
6. Therefore, the petitioners have not been prejudiced by the order
of the District Revenue Officer. It is always open to the petitioners to
effectively prosecute the pending civil proceedings and approach the
revenue authority for mutation of the revenue records, if required, on that
basis. The civil court may decide the pending proceedings uninfluenced by
the observations in this order.
7. W.P. (MD) No.7694 of 2016 is disposed of on the above terms
without any order as to costs. Consequently, connected miscellaneous
petition is closed.
30.03.2023
NCC :No
Internet :Yes
Index :No
PKN
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.7694 of 2016
To
1. The District Revenue Officer,
Pudukkottai, Pudukkottai District.
2. The Revenue Divisional Officer,
Pudukkottai, Pudukkottai District.
3. The Tahsildar,
Karambakudi Taluk, Pudukkottai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.7694 of 2016
SENTHILKUMAR RAMAMOORTHY, J.
PKN
W.P.(MD)No.7694 of 2016
30.03.2023
https://www.mhc.tn.gov.in/judis
