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The District Revenue Officer, v. L. Rajadurai,

DISMISSED
Court
High Court of Madras
Decided
5 June 2023
Bench
R. Subramanian, S Justice L.Victoria Gowri
Case no.
WA(MD) 702/2023

Judgment

JUDGMENT (Judgment of the Court was made by R.SUBRAMANIAN, J.) Admittedly, the assignment in favour of the predecessor of the respondent/petitioner in the writ petition which was cancelled, was restored by this Court by order in W.P(MD)No.7680 of 2009 dated 24.01.2014. An attempted appeal against the said order also came to be dismissed at the stage of condonation of delay. The review application filed against the said order was also dismissed. Hence, the original assignment stands good. If the original assignment holds good, it is incumbent on the authorities to effect mutation of the revenue records.

¶2The learned Additional Advocate General appearing for the appellants would invite our attention to the order dated

13.11.2014 passed by the District Revenue Officer, Sivagangai, rejecting the claim of the writ petitioner for mutation on the ground that the original assignment was without jurisdiction.

¶3This rejection is beyond the brief of the District Revenue Officer. As already adverted to, cancellation of the original assignment was set aside by this Court in W.P(MD)No.7680 of 2009 dated 24.01.2014 and an attempted appeal against the said order was also dismissed at the stage of condonation of delay. The review application filed to review the order dismissing the condone delay application, was also dismissed. The order of rejection made by the District Revenue Officer on 13.11.2014 cannot override specific orders of this Court. Hence, we are unable to fault the Writ Court for having allowed the writ petition.

¶4The Writ Appeal fails and it is accordingly dismissed. No costs. Connected miscellaneous petition is closed. (R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.)

05.06.2023 Index : Yes / No Internet : Yes bala

To

¶1The District Revenue Officer, Sivagangai, R.SUBRAMANIAN

, J.

and L.VICTORIA GOWRI

, J.

bala

¶2The Revenue Divisional Officer, Devakottai,

¶3The Tahsildar, Karaikudi Taluk,

DATED : 05.06.2023

Case details

Parties and counsel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2023 CORAM : THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P(MD)No.6112 of 2023 1. The District Revenue Officer, Sivagangai, 2. The Revenue Divisional Officer, Devakottai, 3. The Tahsildar, Karaikudi Taluk, ... Appellants vs. L.Rajadurai ... Respondent PRAYER : Appeal filed under Clause 15 of Letters Patent, against the order passed in W.P(MD)No.1418 of 2023 dated 14.02.2023. For Appellants : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.S.P.Mahadevan Special Government Pleader For Respondent : Mr.Karthick

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.