Mersi Anjella v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.[MD]Nos.5644 & 5645 of 2022 Mersi Anjella ... Petitioner Vs.

1.The Revenue Divisional Officer, Illuppur Revenue Division, Illuppur, Pudukkottai District.

2.The Tahsildar, Kulathur Taluk, Kulathur, Pudukkottai District.

3.Sebasthiyar ... Respondents P RAYER:

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 of the first respondent in Ni.Mu.6830/2021/A1 dated 07.03.2022 and its consequential order of the second respondent in Na.Ka.6612/2021/Aa4 dated 25.03.2022 and quash the same as illegal consequently direct the second respondent to restore Petitioner's patta in Patta No.1654. For Petitioner : Mr.T.Vadivelan For Respondents 1&2 : Mr.D.Sasikumar Additional Government Pleader

O R D E R

*********** This Writ Petition has been filed challenging the order dated 07.03.2022 passed by the first respondent cancelling the patta which was earlier standing in the name of the petitioner at the behest of the third respondent.

2.The petitioner has challenged the said order on the ground of violation of principles of natural justice. According to her, no opportunity of hearing was granted and behind her back the first respondent has cancelled the patta under the impugned order. 3.Heard Mr.T.Vadivelan, learned Counsel appearing for the writ 1/3

petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 and 2. 4.On instructions, learned Additional Government Pleader would submit that as against the order dated 07.03.2022, passed by the first respondent which is impugned in this writ petition, the petitioner has filed the statutory revision before the District Revenue Officer, Pudukkottai District, which is still pending. The said statement is recorded.

5.Since the statutory revision has already been filed by the petitioner, no useful purpose will be served if this writ petition is kept pending. In order to protect the interest of the petitioner, till the final orders are passed in the statutory revision pending on the file of the District Revenue Officer, Pudukkottai District, the impugned order dated 07.03.2022 passed by the first respondent shall be stayed.

6.For the foregoing reasons, this Writ Petition is disposed of by directing the District Revenue Officer, Pudukkottai District, to pass final orders in Na.Ka.Aa4/6612/2021 dated 20.04.2022, which is the statutory revision filed by the petitioner, after affording a fair hearing to all the necessary parties within a period of three [3] months from the date of receipt of a copy of this order. Till final orders are passed by the District Revenue Officer, Pudukkottai District, there shall be an order of stay of the impugned order dated 07.03.2022 passed by the first respondent. 7.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To:

1.The District Revenue Officer, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Illuppur Revenue Division, Illuppur, Pudukkottai District.

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3.The Tahsildar, Kulathur Taluk, Kulathur, Pudukkottai District.

+1 CC to M/s.SPL.GP ( SR-20065[F] dated 21/04/2022 ) 20.04.2022 RD(05.05.2022) 3P 5C 3/3