Rasathi v. The Secretary To Government,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Rev.Applc.(MD)Nos.75 and 76 of 2017 in W.P.(MD).Nos.20961 and 20962 of 2016 and WMP(MD)Nos.19664 & 19665 of 2017 1.The District Collector, Sivagangai District.

2.The District Revenue Officer, Sivagangai District.

3.The Revenue Divisional Officer, Devakottai, Sivagangai District.

4.The Tahsildar, Karaikudi Taluk, Sivagangai District.

... Review Petitioners / Respondents in both Rev.Applc.

Vs.

Rm. Ramanathan ... Respondent/Writ Petitioner in Rev.Aplc No.75 of 2017 Rm. Meiyappan ... Respondent/Writ Petitioner in Rev.Aplc No.76 of 2017 COMMON PRAYER:

Review petitions filed under Order 47 Rule 1 and 2 of Civil Procedure Code r/w Section 114 of Civil Procedure Code to review the order passed in W.P(MD)Nos.20961 of 2016 & W.P(MD) No.20962 of 2016, dated 02.11.2016 respectively. Prayer in WP(MD). 20961/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents 2 to 4 to pass orders on the petitioners representation dated 08.10.2016 seeking to fix the market value for the petitioners land measuring 0.69.0 Ares situated in S.No.244/2 of Kalanivasal Village, Karaikudi Taluk, Sivagangai District by collecting the sale particulars between 02.05.1984 and 01.05.1985 of the adjoining lands as per the order dated 13.10.1995 passed by the 2nd respondent and collect the same and issue patta. 1/3

Prayer in WP(MD). 20962/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents 2 to 4 to pass orders on the petitioners representation dated 08.10.2016 seeking to fix the market value for the petitioners land measuring 0.76.5 Ares situated in S.No. 244/1 of Kalanivasal Village, Karaikudi Taluk, Sivagangai District by collecting the sale particulars between 02.05.1984 and 01.05.1985 of the adjoining lands as per the order dated 18.10.1995 passed by the 2nd respondents and collect the same and issue patta. In both petitions:

For Petitioners : Mr.J.Gunaseelan Muthiah Additional Government Pleader For Respondent : Mr.M.Saravanakumar C O M M O N O R D E R These Review Applications have been filed against the order passed in W.P(MD)No.20961 of 2016 & W.P(MD)No.20962 of 2016, dated 02.11.2016 respectively.

3.This Court, by order dated 02.11.2016, in W.P(MD)No.20961 of 2016 & W.P(MD)No.20962 of 2016, directed the 2nd respondent / District Revenue Officer to consider the petitioners' representation on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of that order. In compliance of the orders, the District Revenue Officer, Sivagangai, considered the petitioners' representation and rejected the same by his proceedings in e.f.rp2/19490/2016, dated 30.08.2017 holding that the District Revenue Officer has no jurisdiction to decide the issue. 4.Considering the facts and circumstances of the case and considering the fact that already the District Revenue Officer, Sivagangai, passed an order and rejected the petitioners' representation, the orders made in the Writ Petitions at this stage need not be reviewed.

5.Accordingly, these Review Applications are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (crl side) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

Vsd To 1.The District Collector, Sivagangai District.

2.The District Revenue Officer, Sivagangai District.

3.The Revenue Divisional Officer, Devakottai, Sivagangai District.

4.The Tahsildar, Karaikudi Taluk, Sivagangai District.

+1 CC to SPL GP ( SR-16616[F] dated 11/09/2020 ) +1 CC to Mr.M. SARAVANAKUMAR, Advocate ( SR-16732[F] dated 14/09/2020 ) Rev.Applc.(MD)Nos.75 and 76 of 2017 in W.P.(MD).Nos.20961 and 20962 of 2016 10.09.2020 VB (19.10.2020) 3P 7C 3/3