Madras High Court
P.Janaki vs The District Revenue Officer on 18 February, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.58 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.02.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A(MD)No.58 of 2022
P.Janaki ... Appellant /
Writ Petitioner
Vs.
1.The District Revenue Officer,
Virudhunagar District,
Virudhunagar.
2.The Sub Collector cum
Revenue Divisional Officer,
Sivakasi,
Virudhunagar District.
3.The Tahsildar,
Sivakasi,
Virudhunagar District.
4.The Village Administrative Officer,
Eenjar Village,
Sivakasi Circle,
Virudhunagar District.
5.The Block Development Officer,
Eenjar Village,
Saminatham Panchayat,
Sivakasi Circle,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis
1/6
W.A.(MD)No.58 of 2022
6.The Panchayat President,
Eenjar Village,
Saminatham Panchayat,
Sivakasi Circle,
Virudhunagar District. ... Respondents /
Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act to set
aside the order dated 09.12.2021 passed in W.P(MD)No.21815 of 2021.
For Appellant : Mr.S.Ramesh
For Respondents : Mr.S.RA.Ramachandran
Additional Government Pleader
for R.1 to R.4
JUDGMENT
Heard both sides.
2.The appellant claims that she is the absolute owner of the
property comprised in Survey No.1513/1 in Eenjar Village, Sivakasi
Taluk. The appellant felt aggrieved that patta in respect of the said
property stood in the name of one Kandasamy. She therefore petitioned
the Tahsildar, Sivakasi. The Tahsildar, Sivakasi vide proceedings dated
07.05.2019 mutated the revenue record in favour of the appellant herein.
Copy of the patta transfer order dated 27.05.2019 has been enclosed in
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the typed set of papers. It appears that the residential association went
before the Sub Collector, Sivakasi who vide order dated 18.10.2021
reversed the decision of the Tahsildar, Sivakasi. Aggrieved by the same,
the appellant herein went before the District Revenue Officer,
Virudhunagar. It appears that the revision dated 02.11.2021 filed before
the District Revenue Officer, Virudhunagar is still pending. In the
meanwhile, the appellant filed W.P(MD)No.21815 of 2021 calling upon
the authorities to remove the 2 check dams and 2 bore wells installed in
Survey No.1513/1. The learned single Judge vide order dated
09.12.2021 dismissed the writ petition. Aggrieved by the said order, this
Writ Appeal has been filed.
3.We are of the view that when the revenue authority is seized of
the matter, it may not be appropriate for the writ Court to enter into the
factual aspect. In this view of the matter, order dated 09.12.2021 in
W.P(MD)No.21815 of 2021 is set aside. We, however, consciously
refrain from going into the merits of the matter.
4.We direct the District Revenue Officer, Virudhunagar to dispose
of the revision filed by the appellant herein. Before passing final order,
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the District Revenue Officer / revisional authority shall put the interested
persons and stake holders on notice. The rights of the appellant to
demand removal of the check dams / bore wells will abide by the
decision of the District Revenue Officer, Virudhunagar. We make it clear
that we have not gone into the merits of the matter. The District Revenue
Officer shall dispose of the revision petition within a period of twelve
weeks from the date of receipt of a copy of this order.
5.This Writ Appeal is disposed of accordingly. No costs.
[G.R.S., J.] [M.J.R., J.]
18.02.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
MGA
To
1.The District Revenue Officer,
Virudhunagar District,
Virudhunagar.
2.The Sub Collector cum
Revenue Divisional Officer,
Sivakasi,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis
3.The Tahsildar,
Sivakasi,
Virudhunagar District.
4.The Village Administrative Officer,
Eenjar Village,
Sivakasi Circle,
Virudhunagar District.
5.The Block Development Officer,
Eenjar Village,
Saminatham Panchayat,
Sivakasi Circle,
Virudhunagar District.
6.The Panchayat President,
Eenjar Village,
Saminatham Panchayat,
Sivakasi Circle,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis
G.R.SWAMINATHAN,J.
AND
M.JOTHIRAMAN, J.
MGA
18.02.2025
https://www.mhc.tn.gov.in/judis
