Balakrishnan v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P(MD) No.12060 of 2025 Balakrishnan ... Petitioner Vs.
1.The District Revenue Officer, Sivagangai District, Sivagangai.
2.The Revenue Divisional Officer, Kalaiyarkovil Taluk, Sivagangai District.
3.The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District.
4.Eswari ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first respondent/District Revenue Officer, Sivagangai, to dispose of the appeal
filed by the petitioner in Appeal No.Na.Ka.B1/18197/2025 pending on the file of the first respondent within a specified time as may be fixed by this Court and consequently direct the third respondent not to mutate patta pertains to the property in S.No.83/17, Manthali Village, Kalaiyarkoil Taluk, Sivagangai District till the disposal of the appeal pending on the file of the first respondent.
For Petitioner : Mr.A.Mohan For R1 to R3 : Mrs.K.Malathi Additional Government Pleader
ORDER
This writ petition is filed seeking a direction to the first respondent to dispose of the revision (mentioned as appeal in the writ prayer) filed by the petitioner in Na.Ka.B1/18197/2025 within the time stipulated by this Court.
2.Heard the arguments of Mr.A.Mohan, learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government
Pleader appearing for the respondents 1 to 3. Since no adverse order is passed against the fourth respondent, notice to the fourth respondent is dispensed with.
3.By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
4.According to the petitioner, he is the absolute owner of the property situated in survey No.83/17 measuring an extent of 0.01.00 Hectares, situated in Manthali Village, Kalaiyarkoil Taluk, Sivagangai District. The revenue records stands in the name of the petitioner. The fourth respondent, without having any manner of right over the said property, filed an application before the second respondent seeking cancellation of patta in the name of the petitioner. The second respondent passed an order cancelling the patta issued in the name of the petitioner and further directed the subordinate officials to issue the patta in the name of the fourth respondent. Aggrieved by the said order, the petitioner filed a revision before the first respondent and the same is pending.
5.Though the date of the revision is not mentioned in the copy of the revision petition included in the typed set of papers, it is seen that the second respondent passed an order on 16.05.2025. Therefore, the revision of the petitioner should have been filed only after 16.05.2025. In these circumstances, without expressing any opinion on the merits of the matter, this Court is inclined to direct the first respondent to consider the revision filed by the petitioner in Na.Ka.B1/18197/2025 and dispose of the same in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner and the fourth respondent. In case, the petitioner files any application seeking an interim order, the same shall be considered by the first respondent and order shall be passed within a period of two weeks. 6.With these directions, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 13.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp
To 1.The District Revenue Officer, Sivagangai District, Sivagangai.
2.The Revenue Divisional Officer, Kalaiyarkovil Taluk, Sivagangai District.
3.The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District.
S.SOUNTHAR ,J cp W.P.(MD)No.15933 of 2025 Dated: 13.06.2025