Veerappan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.05.2018

CORAM

THE HONOURABLE MR. JUSTICE M.V.MURALIDARAN W.P.(MD)No.11441 of 2018 and W.M.P.(MD)No.10432 of 2018 Veerappan ... Petitioner Vs.

1.The Revenue Divisional Officer, Kulithalai, Karur District.

2.The Tahsildar, Taluk Office, Kulithalai Taluk, Karur District.

3.Duraisamy ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorari, calling for the records relating to the proceedings in order Pa.Mu.A1 / 573 / 2017 dated 11.05.2018 on the file of the Revenue Divisional Officer, Kulithalai, the 1st respondent herein and quash the same. For Petitioner : Mr.V.Illanchezhian For R1 & R2 : Mr.VR.Shanmuganathan, Special Government Pleader

O R D E R

Heard Mr.V.Illanchezhian, the learned counsel appearing for the petitioner and Mr.VR.Shanmuganathan, the learned Special Government Pleader appearing for the respondent Nos.1 & 2. 2.The order passed by the Revenue Divisional Officer, Kulithalai, which is revisional before the District Revenue Officer, Karur and the Revenue Divisional Officer granting liberty to the petitioner to file a revision before the District Revenue Officer, Karur within a period of 30 days, which was challenged by the petitioner in this writ petition.

https://hcservices.ecourts.gov.in/hcservices/ 3.It is the case of the petitioner that though he is having time limit for 30 days ie., on or before 11.06.2018, pursuant to the

order passed by the Revenue Divisional Officer, dated 11.05.2018, at the instigation of the third respondent, the Tahsildar attempted to measure the property. When the first respondent Revenue Divisional Officer specifically passed an order that the petitioner is having right to make a revision against the order dated 11.05.2018 passed by him, the Tahsildar is having no right for making any measurement or passing further order till 11.06.2018, as per the order passed by the first respondent, dated 11.05.2018.

4.Since the petitioner is having right to file a revision against the order passed by the Revenue Divisional Officer before the District Revenue Officer, Karur, this writ petition is disposed of by giving liberty to the petitioner to file a revision on or before 11.06.2018 and till the disposal of the revision, the second respondent Tahsildar is having no right to measure/altercate the properties as per the order passed by the Revenue Divisional Officer, dated 11.05.2018. The petitioner is also directed to file a revision before the District Revenue Officer, Karur along with the copy of the order of the Revenue Divisional Officer, on or before 11.06.2018.

5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Revenue Divisional Officer, Kulithalai, Karur District.

2.The Tahsildar, Taluk Office, Kulithalai Taluk, Karur District.

3. The District Revenue Officer, Karur.

+1CC to Mr.V.Illanchezhian, Advocate, SR.No. 66243 W.P.(MD)No.11441 of 2018 and W.M.P.(MD)No.10432 of 2018 30.05.2018 https://hcservices.ecourts.gov.in/hcservices/ Ns AM/SV MMS/SAR 1/31.05.2018/2P/5C