T. Ananda Rajan v. The District Revenue Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Twenty Fifth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice R.VIJAYAKUMAR in WP(MD)No14393 of 2012 T. Ananda Rajan

... Petitioner/3rd Respondent

Vs 1 The District Revenue Officer, Virudhunagar District at Virudhunagar. 2 The Revenue Divisional Officer Sivakasi Taluk . Virudhunagar District.

...Respondent 1&2/Respondent1&2 3 N. Suresh Kumar

... Respondent3/Respondent4 4 M. Ramesh

5 M. Balan

... Respondent4 &5/writ Petitioner 1&2 Prayer :- This Writ Miscellaneous Petition filed under Article 226 of Constitution of India To clarify the Order passed in WP(MD).No. 14393 of 2012 dated 25.07.2022 and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. ORDER:- This Writ Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Ms. S. Sukumar, Advocate for the Petitioner and of Mr. C. Satheesh, Government Advocate for the 1st respondent(s) and Mr.M. Suresh, Advocate for 3rd respondent this Court made the following order: This petition has been filed by the 3rd respondent in W.P.(MD) No.14393 of 2012, which was disposed of on 25.07.2022 seeking for clarification.

¶2In the said order, this Court has directed the revenue authorities to retain patta in the name of the original owner viz.,Jegatheesan till the partition suit in O.S.No.8 of 2012 is disposed of. However, the present clarification application has been filed to clarify the said order, so that the revenue authorities can conduct an enquiry and effect mutation of revenue records, pending suit.

¶3In view of the pendency of the partition suit, the revenue authorities could not have any jurisdiction to entertain any application for mutation of revenue records. Therefore, the clarification cannot be issued. However, the learned Subordinate Judge, Sivakasi, is directed to dispose of the suit in O.S.No.8 of 2012 on or before 31.12.2023 and report the same to the Registry without fail. This clarification petition stands closed. Sd/- Assistant Registrar (CS-III) // True Copy // /09/2023 Sub Assistant Registrar(CS) TO

¶1The Subordinate Judge, Sivakasi.

¶2The District Revenue Officer, Virudhunagar District at Virudhunagar.

¶3The Revenue Divisional Officer Sivakasi Taluk ,Virudhunagar District. Copy to: The Registrar Judicial, Madurai Bench of Madras High Court, Madurai. +1 CC to J.Jeyakumaran , Advocate, SR-40258, dated 25/08/2023

ORDER DATED : 25/08/2023

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ORDER

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in

WP(MD)No.14393 of 2012

Giving direction and etc. as stated within. DL/(31.08.2023)/ 4P/6C

Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.