Madras High Court
S.Raman Yadav vs The Additional Collector Cum ... on 19 October, 2023
W.P.(MD)No.10492 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.10492 of 2021
and
W.M.P.(MD)No.8163 of 2021
S.Raman Yadav ... Petitioner
Vs.
1.The Additional Collector cum District Additional Magistrate,
Tuticorin, Tuticorin District.
2.The Revenue Divisional Officer,
Tiruchendur Taluk,
Tuticorin Distrcit.
3.The Tahsildar,
Tiruchendur Taluk,
Tuticorin District.
4.K.Guru Taylor
5.K.Muthuramalingam
6.Ponniah Asari ...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorarified Mandamus calling for the records
relating to the proceedings in Na.Ka.No.D6-6644-2018 on the file of the
Additional District Collector cum District Magistrate, Tuticorin confirming the
proceedings in Na.Ka.No.A1/1224/2015 proceedings dated 29.12.2017 on the
file of the Revenue Divisional Officer, Tiruchendur in respect of the property
situate in old survey No.186 new Survey No.578/5 of an extent of 27.75 cents
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1/5
W.P.(MD)No.10492 of 2021
and 1 ¼ cents which is situated at Kulasekaranpattinam Village, Tiruchendur
Taluk, Tuticorin District and consequently direct the respondents 1 and 2 to
consider the case of the petitioner afresh on merits based on available
documents.
For Petitioner : Mr.S.Siva Thilakar
For R1 to R3 : Ms.Farjana Ghoushia
Special Government Pleader
For R6 : Mr.V.Malaiyendran
ORDER
When the writ petition came up for hearing on 16.10.2023, this Court
has passed the following order:
“This Writ Petition has been filed challenging the proceedings
in Na.Ka.No.D6-6644-2018 pending on the file of the Additional
District Collector cum District Magistrate, Tuticorin, confirming the
proceedings in Na.Na.Ka.No.A1/1224/2015, DATED 29.12.2017 on
the file of the Revenue Divisional Officer, Tiruchendur in respect of
the subject property and consequently direct the respondent Nos.1
and 2 to consider the case of the petitioner afresh on merits based on
the available documents.
2. Heard the learned counsel on either side.
3. It is seen from the impugned proceedings of the first
respondent dated 18.03.2020 that the petitioner through his Power of
Attorney Agent had also filed a suit against respondent Nos.4 to 6 in
O.S.No.117 of 2007 and the competent Civil Court after a full-fledged
trial, had dismissed the suit through the Judgment and Decree dated
23.09.2010 and it was held that the petitioner is not the owner of the
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W.P.(MD)No.10492 of 2021
property in Survey No.578/5B. There is absolutely not even a
whisper about this Judgment either in the pleadings or in the typed
set of papers filed along with this Writ Petition. If a competent Court
has already held that the petitioner is not the owner of the property,
there is nothing much to be stated by the Revenue Authorities and the
Revenue Authorities will have to fall in line.
4. Before the learned counsel appearing for the petitioner tries
to find holes in the case of the private respondents, the petitioner has
to establish his right over the property and that right has already
been held against the petitioner by a competent Civil Court.
Therefore, there is no ground to interfere with the impugned
proceedings of the first respondent.
5. However, the learned counsel appearing for the petitioner
wanted to satisfy himself and this Court with regard to purport of the
Judgment that was passed in O.S.No.117 of 2007 and sought for time
to produce the Judgment.
6. Post this case under the caption “Part Heard” on
19.10.2023.”
2.When the matter is taken up today for hearing, the learned counsel
for the petitioner submitted that he wants to withdraw the writ petition and that
the petitioner will pursue the remedy before the competent civil Court.
3.The learned counsel for the petitioner submitted that by mistake, in
the prayer portion, the survey number has been mentioned as 578/4, instead of
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W.P.(MD)No.10492 of 2021
578/5. The same is taken into consideration and this Writ Petition is disposed
of by recording the submission made by the learned counsel for the petitioner.
It is left open to the petitioner to work out his remedy before the competent
civil Court in accordance with law. No costs. Consequently, connected
miscellaneous petition is also closed.
19.10.2023
NCC : Yes / No
Index : Yes/No
Internet : Yes/No
ta
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W.P.(MD)No.10492 of 2021
N.ANAND VENKATESH, J.
ta
W.P.(MD)No.10492 of 2021
19.10.2023
https://www.mhc.tn.gov.in/judis
