Sudha v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.23955 of 2023 Sudha ... Petitioner v.

1.The District Revenue Officer, Madurai, Madurai District.

2.The Revenue Divisional Officer, Madurai, Madurai District.

3.A.Selvaraj @ Kutti 4.A.Gnanapandi 5.P.Paraman ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned orders passed by the first respondent in Ni.Mu.No. 67840/2013/G2 dated 22.01.2021 and the consequential order passed in Oo.Mu.No.G2/1094001/2023 dated 31.07.2023 and directing the first respondent to conduct fresh enquiry and pass orders in accordance with law in the appeal filed in Na.Ka.No.G2/67840/2013 within a stipulated time. For Petitioner : Mr.C.Jeyaprakash For Respondents : Mr.M.Sidharth Additional Government Pleader for R1 & R2 1/4

ORDER

Heard the learned counsle for the petitioner and the learned Additional Government Pleader appearing for R1 and R2.

2.The petitioner's mother Seethalakshmi filed a revision petition before the District Revenue Officer, Madurai challenging the order dated 13.09.2023. The revision was dismissed for non-prosecution, because, the petitioner's mother died in the meanwhile. All that the petitioner seeks is that restoration of the revision petition. No exception can be taken to that request. Be that as it may, the issue has to be decided on merits. The petitioner is permitted to file an application for restoration before the District Revenue Officer, Madurai. The petitioner through his counsel submits that within four weeks, restoration petition will be filed. On such application being filed, the revision will be restored by the District Revenue Officer, Madurai without reference to limitation and without notice.

Thereafter, notice shall be issued to the contesting respondents and also to the other legal heirs of the deceased Seethalakshmi. Enquiry shall be held and order on merits will be passed within a period of four months thereafter. It is made clear that I have not gone into the merits of the matter. The only relief that is now given is restoration of the revision petition that was dismissed for non-prosecution.

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3.This writ petition is disposed of. No costs. Connected miscellaneous petitions are closed.

19.12.2023 Index : Yes / No Internet : Yes/ No skm To 1.The District Revenue Officer, Madurai, Madurai District.

2.The Revenue Divisional Officer, Madurai, Madurai District.

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G.R.SWAMINATHAN, J.

SKM WP(MD)No.23955 of 2023 19.12.2023 4/4