P.Muthukumar, v. The Commissioner Of Land
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2018
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI WP.(MD) No.3578 of 2018 and W.M.P.(MD) Nos.3712 and 3713 of 2018 P.Muthukumar ... Petitioner -vs1. The Commissioner of Land Reforms, O/o.the Commissioner of Land Reforms, Ezhilagam, Chepauk, Chennai - 05.
2. The District Collector, Dindigul District Collector Office, Dindigul Post and District.
3. The District Revenue Officer, O/o.the District Revenue Officer, Dindigul West Taluk, Dindigul District.
4. The Revenue Divisional Officer, O/o.the Revenue Divisional Officer, Dindigul West Taluk, Dindigul District.
5. The Tahsildar, Dindigul West Taluk Office, Dindigul West Taluk, Dindigul District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order issued by the 2nd respondent on behalf of the 1st respondent in Na.Ka.No.37294/2017/D2 dated 05.02.2018 and quash the same and consequently direct the 1st respondent to issue patta in favour of the petitioner's name for occupied house site in S.No.452/1, Koththapulli village, Reddiyar Chathiram Post, Dindigul West Taluk, Dindigul District as per
G.O.Ms.No.854 Revenue Department dated 30.12.2006 and consequential G.O.Ms.No.142 Revenue Department dated 23.05.2013. For Petitioner :
Mr.M.Saravanakumar For Respondents :
Mr.Pandiyarajan, AGP
O R D E R
(Order of the Court was made by T.S.SIVAGNANAM, J.) Heard Mr.M.Saravanakumar,, learned counsel appearing for the petitioner and Mr.D.Muruganantham, learned Additional Government Pleader appearing for the respondents.
2.The petitioner is aggrieved by an order passed by the first respondent in an appeal filed by the petitioner as against the order of eviction dated 19.07.2017, issued by the Revenue Inspector, Dindigul West Taluk. Before preferring the appeal, the petitioner approached this Court and filed a writ petition in W.P.(MD).No.15027 of 2017, the Division Bench by order dated 10.08.2017 held that the order passed by the Revenue Inspector is an appealable order and therefore, directed the petitioner to file an appeal before the District Collector, till such time, the Division Bench observed that status-quo shall be maintained, till the decision is taken by the appellate authority either in the stay application or in the main appeal. Hence, the petitioner preferred an appeal and the same has been rejected by the impugned order.
3.Though the learned counsel for the petitioner canvassed several points contending that the impugned order is erroneous and in violation of the principles of natural justice, we are not inclined to go into those aspects in this writ petition, because of the alternative remedy available to the petitioner before the Commissioner of Land and Revenue Administration, Chennai by way of revision. Therefore, he has to invoke the revisional remedy. 4.
Accordingly, the writ petition stands disposed of by directing the petitioner to file revision petition before the Commissioner of Land and Revenue Administration, Chennai and if such revision is filed within a period of 15 days from the date of receipt of a copy of this order, the Revisional Authority shall entertain the revision petition, without reference to the limitation and take a decision on merits and in accordance with law. The petitioner is directed to file a stay petition before the revisional authority and pray for appropriate interim order. 5.In the light of all the observations made by the Division Bench in its order dated 10.08.
maintained till the stay petition is heard and disposed of, by the Commissioner of Land and Revenue Administration, Chennai. No costs. Consequently, the connected miscellaneous petitions are also closed. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To
1. The Commissioner of Land Reforms, O/o.the Commissioner of Land Reforms, Ezhilagam, Chepauk, Chennai - 05.
2. The District Collector, Dindigul District Collector Office, Dindigul Post and District.
3. The District Revenue Officer, O/o.the District Revenue Officer, Dindigul West Taluk, Dindigul District.
4. The Revenue Divisional Officer, O/o.the Revenue Divisional Officer, Dindigul West Taluk, Dindigul District.
5. The Tahsildar, Dindigul West Taluk Office, Dindigul West Taluk, Dindigul District.
+ 1 CC TO Mr.M.SARAVANAKUMAR, ADVOCATE IN SR No. 50042 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 50916 ARUL TE/SV-MMS/SAR-2 : 07/03/2018 : 3P/8C WP.(MD) No.3578 of 2018 and W.M.P.(MD) Nos.3712 and 3713 of 2018 21.02.2018