This Writ petition has been filed to issue a Writ of Certiorarified Mandamus, to quash the order dated 25.03.2009 passed by the first respondent in N.K.P1/11793/2009 directing him to restore the joint patta for T.S.No.72 in Block 2, Ward 2, Karaikudi Town, Sivaganga District.
2.The case of the petitioner is that the joint patta in respect of a property in question situated at Karaikudi Town in T.S.No.72 stood in the name of one Ramasamy Ambalam and Chockalingam. The petitioner is the legal heir of the said Ramasamy Ambalam. However, in the said joint patta, the name of the said Ramasamy Ambalam was deleted by the Tashildar, Karaikudi and hence, the petitioner preferred an appeal before the Revenue Divisional Officer for cancelling the order of the Tashildar for restoring the joint patta. Accordingly, the joint patta was resotred. As against which, the 2nd respondent herein has filed revision before the 1st respondent and the 1st respondent, cancelled the order of the Revenue Divisional Officer by the impugned order dated 25.03.2009 in N.K.P.1/11793/2009 by issuing individual patta in favour of the 2nd respondent. Aggrieved over the same, the petitioner preferred further revision before the Board of Revenue. However, the said revision was returned as the power of revision of the said Board was withdrawn. Hence, the petitioner has filed the present Writ petition with the aforesaid relief.
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4.Heard both sides and perused the materials available on record.
5.The learned counsel on either side agreed that the parties should be relegated to approach the Civil Court for their redressal.
6.This Court is of the view that the first respondent is not vested with any power to decide the title under the Act and hence, the impugned order is liable to be set aside. Accordingly, the order 25.03.2009 in N.K.P.1/11793/2009 passed by the first respondent is set aside, leaving it open to the parties to approach the competent Civil Court for appropriate relief. Till the filing of the civil suit, status quo as on date shall be maintained.
7.In fine, this writ petition is allowed as above. No costs. Consequently, connected Miscellaneous Petition is closed.
To The District Revenue Officer Sivaganga, Sivaganga District.
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