Madras High CourtWP(MD)/7772/2011disposed of

J.Prabu, v. The District Collector

2022-06-06Honourable Mr Justice R.Vijayakumar2 pages

W.P(MD)No.7772 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.7772 of 2011 J.Prabu : Petitioner vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The District Revenue Officer, Thanjavur District, Thanjavur.

3.The Revenue Divisional Officer, Thanjavur, Thanjavur District.

4.S.Srinivasan : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order bearing Pa.Mu.No.10352/2011/u (2), dated 20.04.2011, passed by the second respondent herein and quash the same and direct the second respondent to take on file the revision filed by the petitioner. For Petitioner : Mr.M.Gnanagurunathan For R1 to R3 : Mr.S.Shanmugavel Additional Government Pleader For R4 : Mr.V.Balaji

O R D E R

************* The present Writ Petition has been filed in the nature of Certiorarified Mandamus, challenging the order dated 20.04.2011, passed by the second respondent/District Revenue Officer, rejecting a revision petition filed by the writ petitioner, challenging the order passed by the Revenue Divisional Officer in patta proceedings. 2.The Revenue Divisional Officer had passed an order on 28.11.2010 as against the writ petitioner, cancelling the petitioner's patta. Challenging the said order, the writ petitioner had filed a revision before the District Revenue Officer, Thanjavur, on 17.02.2011. The said revision petition has been rejected by the said District Revenue Officer, on the ground that it has been filed beyond a period of thirty days.

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W.P(MD)No.7772 of 2011 3.On a perusal of Rule 15(1) of Tamil Nadu Patta Passbook Rules, 1987, reveals that the period of limitation for filing a revision as against the order of Revenue Divisional Officer before District Revenue Officer, is ninety days. Without looking into the said provision, the District Revenue Officer had rejected the revision petition, on the ground that it had been filed belatedly. 4.In view of the above discussion, the impugned order passed by the second respondent in Pa.Mu.No.10352/2011/u (2), dated 20.04.2011, is set aside. The second respondent is directed to take the revision on file and dispose of the same, within a period of four months from the date of receipt of a copy of the order, after affording due opportunities to both the parties. 5.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) lr To 1.The District Collector, Thanjavur District, Thanjavur.

2.The District Revenue Officer, Thanjavur District, Thanjavur.

3.The Revenue Divisional Officer, Thanjavur, Thanjavur District.

+1 CC to M/s.M.GNANAGURUNATHAN, Advocate ( SR-24353[F] dated 07/06/2022 ) +1 CC to M/s.NIRANJAN S. KUMAR, Advocate ( SR-24450[F] dated 07/06/2022 ) +1 CC to M/s.SPL.GP ( SR-24393[F] dated 07/06/2022 ) ORDER MADE IN W.P(MD)No.7772 of 2011 06.06.2022 GM(CO) GC(16.06.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2