Rajendran.P v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)Nos.3708 and 3710 to 3712 of 2022 1.P.Rajendran 2.A.Ammasi 3.A.Karuppan 4.M.Thangaraj 5.R.Arumugam 6.R.Muthulakshmi ... Petitioners vs.

1.The District Revenue Officer, Office of The District Revenue Officer, Trichy District, Trichy.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Trichy Revenue Division, Trichy.

3.The Tahsildar Thiruverumbur Taluk, Office, Thiruverumbur Taluk, Trichy District.

4.The Taluk Surveyor Office of the Taluk Surveyor, Thiruverumbur Taluk Office , Trichy District. 5.G.Rajiv Gandhi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent in Na.Ka.No.A7-3987-2015 dated 23.10.2015 which has been confirmed by the first respondent vide proceedings Na.Ka.Aa6/5606/2016 dated 14.12.2021 and quash the same as illegal and unconstitutional and consequently, to direct the respondents to mutate the names of the petitioners in the revenue records in so far as the lands in S.Nos.40/1 and 43/1 of an extent of 11 acres concerned situated at Navalpattu Village, Thiruverumbur Taluk, Trichy District.

1/3

For Petitioner :Mr.V.Meenakshi Sundaram for Mr.C.Gangai Amaran For R1 to R4 :Mr.T.Amjad Khan Government Advocate

O R D E R

Similarly placed petitioners, as that of Logambal, who had filed W.P.(MD)No.4189 of 2022, have filed this Writ Petition seeking for the very same relief in this Writ Petition also. 2.The petitioners have challenged the impugned order, dated 14.12.2021 passed by the second respondent. This Court, by order, dated 09.03.2022 in W.P.(MD)No.4189 of 2022 in the Writ Petition filed by Logambal, had quashed the impugned order, dated 14.12.2021 and remanded the matter back to the second respondent for fresh consideration on merits and in accordance with law after affording a fair hearing to the petitioner in that Writ Petition and other necessary parties whom the second respondent deems fit to enquire within a period of six months from the date of receipt of a copy of that order. The petitioners seek for the same relief.

They also seek for liberty of hearing before the second respondent. 3.The petitioner's patta has also been cancelled under the impugned order, dated 14.12.2021, which has been challenged in the earlier Writ Petition, namely, W.P.(MD)No.4181 of 2021, which has also been challenged in this Writ Petition also. 4.In addition to that, the learned Counsel for the petitioners submits that on the date of the order of this Court, ie., on 09.03.2022, the third respondent, in the evening around 05.00 pm, has issued patta in favour of "Navalpattu Pudhutheru Adi Dravidargal Kudiyiruppu Paguthi, represented by Village Administrative Officer", and has acted upon the impugned order, dated 14.12.2021 passed by the second respondent, though the same has been quashed by this Court on 09.03.2022 in W.P.(MD)No.4189 of 2022.

Hence, he would submit that status-quo has to be maintained as on 08.03.2022, when, according to him, as on 08.03.2022, the patta stood in the name of the petitioners and others, as per Patta No.656. Only on 09.03.2022, the said patta has been transferred in the name of "Navalpattu Pudhutheru Adi Dravidargal Kudiyiruppu Paguthi, represented by Village Administrative Officer", 5.This Court is of the considered view that there is some merit in the submissions made by the learned Counsel for the petitioners. Accordingly, this Writ Petition is disposed of by directing the first respondent to give liberty to the petitioners, as directed by this Court in the earlier order, dated 09.03.2022 passed in W.P.(MD) No.4189 of 2022 and only thereafter, pass final orders in terms of the order dated 09.03.2022 in W.P.(MD)No.4189 of 2022.

The statusquo as on 08.03.2022 with regard to Patta No.

till the passing of the final order by the first respondent pursuant to the direction of this Court earlier on 09.03.2022 in W.P.(MD) No.4189 of 2022. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The District Revenue Officer, Office of The District Revenue Officer , Trichy District , Trichy.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Trichy Revenue Division, Trichy.

3.The Tahsildar Thiruverumbur Taluk, Office, Thiruverumbur Taluk, Trichy District.

4.The Taluk Surveyor Office of the Taluk Surveyor, Thiruverumbur Taluk Office , Trichy District. +1CC to M/s.C.GANGAI AMARAN, Advocate (SR-12829[F] dated 17/03/2022) +1 CC to M/s.SPL GP ( SR-12981[F] dated 18/03/2022) Order made in 16.03.2022 CMR MS/24.03.2022/3P.7C 3/3