Madras High Court
M.Rajkumar vs The State Represented By on 4 October, 2023
W.P(MD)No.24061 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.10.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.24061 of 2023
and
W.M.P(MD)No.20219 of 2023
M.Rajkumar ... Petitioner
Vs.
1.The State represented by
The District Revenue Officer,
Thanjavur District,
Thanjavur.
2.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Kumbakonam,
Thanjavur District.
3.The Tahsildar,
Thiruvidaimaruthur Taluk,
Thiruvidaimaruthur,
Thanjavur District.
4.Vaithiyanathan ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD)No.24061 of 2023
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for
the records relates to the impugned order passed by the first respondent
dated 17.08.2023 vide his proceedings in Tha.Pa.08-2022.U(2) and
consequently directing the respondent 1 to 3 to ensure Patta No.111 in
the petitioner's name with respect to property in R.S.Nos.209/19 and
209/20 (Old S.F.No.209/1) situated in Kathiramangalam Village,
Thiruvidaimaruthur Taluk, Thanjavur District.
For Petitioner : Mr.S.Sankar
For Respondents : Mr.M.Siddharthan
Additional Government Pleader
for R.1 to R.3
ORDER
Heard the learned counsel appearing for the writ petitioner and the
learned Additional Government Pleader appearing for the official
respondents. Considering the nature of the relief to be granted, issuance
of notice to the fourth respondent is dispensed with.
2. The petitioner challenges the impugned order passed by the
District Revenue Officer, Thanjavur on the grounds set out in the
affidavit filed in support of the writ petition. The prime argument of the
https://www.mhc.tn.gov.in/judis
W.P(MD)No.24061 of 2023
learned counsel appearing for the petitioner is that the District Revenue
Officer having earlier passed an order in favour of the petitioner, could
not have passed an adverse order. According to him, the aggrieved
individual who should have relief only before the Court concerned. It
was not open to the District Revenue Officer to revisit his own earlier
decision.
3. In normal circumstances, I would have definitely upheld such
contention. But facts appearing on record are otherwise. It is well
settled that the entries in the revenue record must be in consonance with
the findings of the jurisdictional civil Court. The petitioner had filed
O.S.No.235 of 2012 before the First Additional District Munsif Court,
Kumbakonam seeking the relief of permanent injunction. The suit was
dismissed on 12.03.2018. Aggrieved by the same, the petitioner filed
A.S.No.30 of 2018 before the Additional Sub Court, Kumbakonam. It
was also was dismissed. In the aforesaid decisions, the civil Courts have
rendered a findings adverse to the petitioner. The impugned order is a
direct fall out of the said findings. The petitioner is said to have filed
Second Appeal before this Court challenging the aforesaid judgements
https://www.mhc.tn.gov.in/judis
W.P(MD)No.24061 of 2023
and decrees. The petitioner’s right will abide by the outcome of the
Second Appeal. If the petitioner succeeds in the Second Appeal, the
petitioner can very well move the District Revenue Officer, Thanjavur
and the District Revenue Officer, Thanjavur will be obliged to pass an
order in consonance with the judgment to be rendered in the Second
Appeal.
4. With this observation, this writ petition is disposed of. There
shall be no order as to costs. Consequently, connected miscellaneous
petition is closed.
04.10.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
MGA
To
1.The District Revenue Officer,
Thanjavur District,
Thanjavur.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.24061 of 2023
2.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Kumbakonam,
Thanjavur District.
3.The Tahsildar,
Thiruvidaimaruthur Taluk,
Thiruvidaimaruthur,
Thanjavur District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.24061 of 2023
G.R.SWAMINATHAN, J.
MGA
W.P(MD)No.24061 of 2023
and
W.M.P(MD)No.20219 of 2023
04.10.2023
https://www.mhc.tn.gov.in/judis
