Madras High CourtWP(MD)/15940/2021disposed of

Ramakrishnan v. The District Revenue Officer

2021-09-07Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD).No.15940 of 2021 Ramakrishnan ... Petitioner Vs.

1.The District Revenue Officer, 2.The Revenue Divisional Officer, 3.The Thasildar, Thiruppuvanam, 4.Kalaiyarasi 5.Selvapalani ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to pass order on the petitioner Review Petition, dated 02.07.2021, which has been filed against the second respondent order Na.Ka.A3/5456/2021, dated 17.06.2021. For Petitioner : Mr.R.Murugappan For Respondents : Mr.K.S.Selva ganesan Counsel for the State for R1 to R3

ORDER

The petitioner seeks the expeditious disposal of the revision petition dated 02.07.2021.

2. The petitioner claims title to the property bearing survey No.62/2A at Thiruppachetti-North, Thiruppuvanam Taluk, Sivagangai District. Patta No.735 is relied upon in support of the petitioner's interest in the aforesaid property. In addition, the Village Register is also relied upon. The petitioner states that the patta was wrongly issued in respect of the above mentioned property to the fourth respondent subsequently. Therefore, the petitioner approached the second respondent for cancellation of such patta. By order dated 17.06.2021, the petitioner's appeal was rejected by the second 1/3

respondent. A revision petition was filed against the said order on 02.07.2021. The writ petition is filed seeking the expeditious disposal thereof.

3. Mr.K.S.Selvaganesan, learned counsel for the State, accepts notice on behalf of respondents 1 to 3. He refers to the order of the second respondent and points out that such order was issued on the basis of the petitioner's admission that the said property had been conveyed to his sister by him.

4. Given the limited scope of the present petition, it is not necessary to enter any findings on the merits. It would be sufficient to direct the first respondent to consider and dispose of the pending revision petition in accordance with law.

5. Therefore, the first respondent is directed to consider the revision petition dated 02.07.2021 and dispose of the same on merits in accordance with law within a period of three months from the date of receipt of a copy of this order. Before such revision petition is decided, a reasonable opportunity should be provided to the petitioner and the 4th and 5th respondents herein. On account of the fact that the merits of the matter have not been gone into and because the first respondent herein is directed to hear the 4th and 5th respondents before passing orders, the writ petition is disposed of without notice to the private respondents.

6. W.P.(MD).No.15940 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) sbn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Revenue Officer, 2/3

2.The Revenue Divisional Officer, 3.The Thasildar, Thiruppuvanam, +1 CC to M/s.GP ( SR-28669[F] dated 09/09/2021 ) W.P(MD).No.15940 of 2021 07.09.2021 RD(16.09.2021) 3P 5C 3/3