R.Jayaraman v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.09.2021 CORAM :
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.23249 of 2016 and W.M.P.Nos.19942, 19943, 22698, 22699 of 2016 & 17314 of 2021 R.Jayaraman ... Petitioner -Vs1.The Revenue Divisional Officer, Villupuram 2.The Thasildhar, Villupuram 3.Angammal 4.Kaliyamurthy 5.Murugaiyan 6.Muthammal 7.Muthumani 8.Chokkalingam 9.Malliga 10.Jayalakshmi 11.Ranganathan 12.Chandra 13.The Joint Sub Registrar No.1, Villupuram ... Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the first respondent in his order in Na.Ka.A3/941/2014 dated 25.05.2016 and quash the same and thereby direct the first respondent to cancel the joint patta issued in favour of respondents 3 to 12 in the patta number of the petitioner in 12060, Salamedu Village, Villupuram Taluk in respect of S.No.278/14B and also cancel separate patta issued in favour of the third respondent in patta No.12471 as Survey No.278/14B2 and 278/14B3 at Salamedu Village, Villupuram Taluk and also direct the 13th respondent not to entertain any further registration of documents in respect of the above survey numbers by the respondents 3 to 12 or any person claiming under them.
For petitioner : Mr.N.Suresh For Respondents For R1,2&13 : Mr.Richardson Wilson, Government Advocate
ORDER
The Writ Petition has been filed to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent in his order in Na.Ka.A3/941/2014 dated 25.05.2016 and quash the same and thereby direct the first respondent to cancel the joint patta issued in favour of respondents 3 to 12 in the patta number of the petitioner in 12060, Salamedu Village, Villupuram Taluk in respect of S.No.278/14B and also cancel separate patta issued in favour of the third respondent in patta No.12471 as Survey No.278/14B2 and 278/14B3 at Salamedu Village, Villupuram Taluk and also direct the 13th respondent not to entertain any further registration of documents in respect of the above survey numbers by the respondents 3 to 12 or any person claiming under them.
2. The order passed by the first respondent has been challenged in this writ petition. As against the order passed by the first respondent, there is remedy under Section 13 of the Patta Passbook Act before the appellate authority i.e. District Revenue Officer. Therefore, this Court cannot entertain this writ petition. However, the petitioner is at liberty to file revision before the District Revenue Officer, Villupuram within
a period of two weeks from the date of receipt of copy of this order. On receipt of the same, the revisional authority i.e. District Revenue Officer, Villupuram is directed to issue notice to all the parties concerned and after giving opportunity of hearing to all the parties concerned and pass orders on merits and in accordance with law within a period of twelve weeks thereafter.
3. With the above directions, this writ petition is disposed of. In view of the order passed in the above writ petition, the implead petition in WMP.No.17314 of 2021 is closed. Consequently, other connected miscellaneous petitions are also closed. No order as to costs.
Sd/- Assistant Registrar (CS-IX) // True Copy // Sub Assistant Registrar lok To 1.The Revenue Divisional Officer, Villupuram 2.The Thasildhar, Villupuram 3.The Joint Sub Registrar No.1, Villupuram +1CC to Mr.N.Suresh, Advocate, SR.No. 46612 +1CC to M/s.A.Vinupradha, Advocate, SR.No. 46607 +1CC to The Government Pleader, SR.No. 46908 W.P.No.23249 of 2016 LN(CO) B.VC (12/10/2021)