Periathambi v. S.Kumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.A.[MD].No.276 of 2017 and C.M.P[MD].No.2960 of 2017

1. Periathambi

2. Saravanan : Appellants Vs.

1. S.Kumar

2. The District Collector, Sivagangai District, Sivagangai.

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

4. The Thasildar, Tiruppathur Taluk, Tiruppathur, Sivagangai District.

5. Rama.Subbulakshmi.

: Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent to against the order dated 03.11.2016 in W.P.(MD).No.22999 of 2015, on the file of this Court.

Prayer in WP(MD). 22999/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the 2nd respondent in his O. Mu. B4/21845/2014 dated 22.12.2014 and quash the same and direct the 1st and 2nd respondents to keep the land as per the original entry in the "A" Register prior to 22.12.2014.

For Appellant : Mr.J.John.

For R1 : Mr.N.Tamilmani For R2 to R4 : Mr.V.Muruganandam Additional Government Pleader

JUDGMENT

************* [Judgment of the Court was delivered by T.S.SIVAGNANAM, J.] Heard Mr.VR.Shanmuganathan, Special Government Pleader appearing for the appellant and Mr.N.Tamilmani learned counsel for the 1st respondent/writ petitioner and Mr.V.Muruganandam, learned Additional Government Pleader for R2 to R4.

2.This appeal is at the instance of third parties to the writ petition and has been filed after obtaining leave of this Court to prosecute the appeal. The 1st respondent was the Writ Petitioner who is the villager of Kundrakudi Village in Sivagangai district and the challenge in the writ petition was to an order passed by the District Revenue Officer dated 22.12.2014 to set aside the same and to direct the Revenue Department to keep the land as per the original entry in the ''A'' Registrar prior to 22.12.2014. 3.The Writ Court, after taking into consideration the earlier direction issued in W.P.[MD].No.1292 of 2014 dated 20.06.2014, which was filed by the appellants' vendor Rama.Subbulakshmi, held that the order passed by the District Revenue Officer is not in compliance with the direction issued by the Court.

4.The appellants herein, are aggrieved on account of the fact that they were not impleaded as party respondents in the earlier writ petition. However, we find that the appellants' vendor was the petitioner in W.P.[MD].No.1292 of 2014 was impleaded as the 4th respondent in the writ petition and represented by counsel. Thus, the appellants cannot have an independent right, as whatever right flows to their vendor will accrue to them. Therefore, we find that there is no error in the order passed in the writ petition. 5.

Considering the fact that the appellants have purchased certain extent of property from the 5th respondent herein/4th respondent in the writ petition, we deem it appropriate to direct the District Revenue Officer to afford an opportunity to the appellants herein also, while conducting an enquiry in the process of implementation of the order in the writ petition. 6.Accordingly, while dismissing this writ appeal and confirming the order passed in the writ petition, there will be a direction to the District Revenue Officer, Sivagangai District, to issue notice to the appellants herein, 1st respondent/writ petitioner as well as the 5th respondent herein, summon all the records from the office of the Tahsildar and after affording an opportunity of personal hearing to all the parties, pass a reasoned order on merits and in accordance with law.

The above direction be complied with by the District Revenue Officer within a period of six weeks from the date of receipt of a copy of this judgment.

With the above directions, this Writ Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Sivagangai District, Sivagangai.

2. The District Revenue Officer, Sivagangai District, Sivagangai.

3. The Thasildar, Tiruppathur Taluk, Tiruppathur, Sivagangai District.

+ 1 CC TO Mr.J.JOHN, ADVOCATE IN SR No. 18562 + 1 CC TO Mr.N.TAMILMANI, ADVOCATE IN SR No. 18483 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 18852 MYR/NBI TE/SV-MMS : 18/04/2017 : 3P/7C JUDGMENT MADE IN W.A.[MD].No.276 of 2017 and C.M.P[MD].No.2960 of 2017 28.03.2017