Madras High Court
T.R.Ravichandran vs The Revenue Divisional Officer on 27 April, 2021
W.A.No.3089 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2021
CORAM :
THE HONOURABLE MR. JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MS. JUSTICE R.N.MANJULA
W.A.No.3089 of 2019
T.R.Ravichandran ..Appellant
Vs
1.The Revenue Divisional Officer,
Coonoor, The Nilgris District.
2.The Tahsildar,
Udhagamandalam Taluk,
The Nilgiris District.
3.Mr.P.Krishnamoorthy,
Tahsildar, Udhagamandalam Taluk,
The Nilgiris District.
4.The Joint Sub-Registrar I,
Joint SRO-I, Uthagamandalam,
The Nilgiris District.
5.Sivagamasundari ..Respondents
Prayer: Appeal filed under 15 of Letters Patent against the order
dated 07.06.2018 made in W.P.No.6896 of 2013.
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Page 1 of 5
W.A.No.3089 of 2019
For Appellant : Mr.K.Premkumar
For Respondents : Mr.V.Kadhirvelu,
Special Government Pleader
for R1 to R4
No appearance for R5
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This appeal has been preferred by the appellant
aggrieved over the order of the learned Single Judge, who
dismissed the writ petition, inter alia, holding that the appellant
was not willing to participate in the enquiry.
2. Learned counsel appearing for the appellant submitted
that the subsequent suit filed for declaration in O.S.No.32 of 2013
is pending on the file of District Munsif Court, Udhagamandalam
and, therefore, the order requires interference.
3. This case has got a chequered history. In the counter
affidavit filed, it has been stated that the appellant did not
cooperate. In the absence of any contra material, we do not wish
to find anything wrong in the said statement made. Secondly, the
civil suit filed is a second round of litigation as the earlier one
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W.A.No.3089 of 2019
filed by the appellant has got dismissed. Thirdly, the issuance of
patta would stand only till the appellant gets the decree before the
civil court. We do not wish to say anything on the pendency of the
civil suit and the impact of the earlier proceeding including the
judgment and decree in the second appeal.
4. As we do not find any error in the order under
challenge, which obviously cannot decide the title, we would only
direct the learned District Munsif, Udhagamandalam, to dispose of
O.S.No.32 of 2013 within a period of four months from the date of
receipt of a copy of this judgment by taking note of the long
pendency of the said case. The learned District Munsif shall decide
the suit on its own merit without being influenced by any of the
observation made by the learned Single Judge and also by this
Division Bench.
5. The writ appeal stands disposed of accordingly. No
costs.
(M.M.S., J.) (R.N.M., J.)
27.04.2021
Internet : Yes/No
ssm
http://www.judis.nic.in
W.A.No.3089 of 2019
To
1.The Revenue Divisional Officer,
Coonoor, The Nilgris District.
2.The Tahsildar,
Udhagamandalam Taluk,
The Nilgiris District.
3.The Joint Sub-Registrar I,
Joint SRO-I, Udhagamandalam,
The Nilgiris District.
4.The District Munsif,
Udhagamandalam.
http://www.judis.nic.in
W.A.No.3089 of 2019
M.M.SUNDRESH,J.
and
R.N.MANJULA,J.
(ssm)
W.A.No.3089 of 2019
27.04.2021
http://www.judis.nic.in
