IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
K.Ravikumar – Appellant
Versus
The Revenue Divisional Offic – Respondent
2023:MHC:3023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06-07-2023 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM WP No.29118 of 2017 And WMP Nos.31377 and 31378 of 2017 K.Ravikumar ... Petitioner Vs.
1.The Revenue Divisional Officer, Thiruthani, Thiruvallur District.
2.The Tahsildar, Thiruthani, Thiruvallur District.
3.E.P.Ramesh ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records of the proceedings in Na.Ka.1214/2004 A2 dated 15.12.2006 passed by the first respondent and quash the same.
For Petitioner : Ms.M.Janani for Mr.D.Ashok Kumar.
For Respondents-1 and 2 : Mr.C.Jayaprakash, Government Advocate.
For Respondent-3 : Mr.K.Arumugam
O R D E R
The order impugned dated 15.12.2006 passed by the first respondent-Revenue Divisional Officer, is under challenge in the present writ petition.
2. The petitioner states that the subject property is his ancestral property. However, the learned counsel appearing on behalf of the third respondent brought to the notice of this Court that the Civil Suit instituted by the writ petitioner was dismissed on 23.07.2011 in OS No.36 of 2007. The Appeal Suit in AS No.16 of 2023 was partly allowed on 26.02.2015 and after dismissal of the Appeal Suit, the petitioner filed Second Appeal in SA No.213 of 2018, which was dismissed on 28.03.2019.
3. The present writ petition was filed challenging the patta transfer proceedings. The petitioner has not preferred an appeal against the order passed by the first respondent-Revenue Divisional Officer. More-so the impugned order has been passed in the year 2006 and the present writ petition has been filed in the year 2017. In the meanwhile, the writ petitioner approached the Civil Court and the suit instituted by the writ petitioner as also dismissed, the Appeal Suit was partly allowed and the Second Appeal was also dismissed.
4. This being the factum, the present writ petition is not entertainable and more-so, the same is liable to be rejected on the ground of laches also.
5. For all these reasons, the present writ petition stands dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are also dismissed.
06-07-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No Svn S.M.SUBRAMANIAM, J.
Svn To
1.The Revenue Divisional Officer, Thiruthani, Thiruvallur District.
2.The Tahsildar, Thiruthani, Thiruvallur District. WP 29118 of 2017
06-07-2023
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