M/S.Omsakthy Agencies (Madras) Ltd v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.10.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.14507 of 2020 and WMP. Nos.17996 & 17997 of 2020 M/s.Omshakthi Agencies (Madras) Ltd., Rep. By the Authorised Signature N.R.Manigandan, Ts-64, Sidco Industrial Estate, Ekkatuthangal, Guindy, Chennai.

... Petitioner Vs.

1. The District Revenue Officer Kancheepuram District, Kancheepuram

2. The Revenue Divisional Officer, Tambaram Revenue Division, Tambaram.

3. The Tahsildar, Pallavaram Taluk, Pallavaram.

4. S.Umasankar

5. B.Elangovan ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari calling for the records related to the impugned order passed by the first respondent in Na.Ka.No.17533/2018/N3, dated 11.11.2019 and quash the same.

For Petitioner : Mr.K.Muthuramalingam For Respondents: Mr.S.N.Parthasarathy - R1 to R3 Government Advocate

O R D E R

This Writ Petition has been filed challenging the proceedings of the first respondent dated 11.11.2019, wherein the first respondent has directed the mutation of revenue records in the name of Late K.M.Sabhabathy Mudhaliyar.

2. The petitioner claims to be the purchaser of the subject property by virtue of a Registered Sale Deed dated 11.09.2013. According to the petitioner, the impugned order was passed by the first respondent without affording any opportunity to the petitioner. On that ground, the petitioner wants this Court to interfere with the orders passed by the first respondent.

3. Heard Mr.K.Muthuramalingam, learned counsel for the petitioner and Mr.S.N.Parthasarathy, learned Government Advocate appearing on behalf of the respondents 1 to 3.

4. It is seen from the orders passed by the first respondent that the vendor of the petitioner has participated in the enquiry and only after hearing him, the first respondent has passed the impugned order. Even according to the learned counsel for the petitioner, a suit has been filed by the petitioner and the same is pending. Therefore, it is always left open to the petitioner to raise all the issues in the pending suit. The vendor of the petitioner having participated in the proceedings conducted by the first respondent, it cannot be held that the petitioner was not aware about the proceedings. Therefore, this Court is not inclined to interfere with the orders passed by the first respondent.

5. This Court does not find any merit in this writ petition and accordingly, the same is dismissed. No costs. Consequently, connected miscellaneous petition is also closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar rli To

1. The District Revenue Officer Kancheepuram District, Kancheepuram

2. The Revenue Divisional Officer, Tambaram Revenue Division, Tambaram.

3. The Tahsildar, Pallavaram Taluk, Pallavaram.

+1 CC to The Government Pleader sr 33698.

+1 CC to Mr.K. Muthuramalingam, Advocate sr 33753. W.P.No.14507 of 2020 and WMP. Nos.17996 & 17997 of 2020 AJS(CO) SP(06/11/2020)