Madras High Court
S.L.Jawaharlal vs The District Revenue Officer on 30 April, 2021
W.P.(MD).No.8943 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.8943 of 2021
S.L.Jawaharlal ...Petitioner
Vs.
1. The District Revenue Officer,
Theni District, Theni.
2. The Revenue Divisional Officer,
Theni, Theni District.
3. N.Rajendran . .. Respondents
Prayer: This Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the first respondent to dispose of the
Revision in Na.Ka.No.20291/2012/D4, within the time stipulated by this
Court.
For Petitioner : Mr.M.C.Swamy
For R-1 & R-2 : Mr.P.Mahendran
Additional Government Pleader
ORDER
This Writ Petition has been filed for the issue of a Writ of
Mandamus directing the first respondent to dispose of the Revision filed by
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W.P.(MD).No.8943 of 2021
the petitioner pending in Na.Ka.No.20291/2012/D4, within the time
stipulated by this Court.
2. The case of the petitioner is that he had purchased the subject
property by virtue of a registered sale deed, dated 27.02.2009. The further
case of the petitioner is that the patta and chitta was also transferred in the
name of the petitioner.
3. The petitioner found that one Pethu Chettiar, was also
claiming a share in the property and therefore, the petitioner entered into
negotiation and ultimately, he executed a release deed in favour of the
petitioner on 19.03.2009.
4. The grievance of the petitioner is that the said Pethu Chettiyar
had executed two sale deeds in favour of one Santhanam on 01.04.2009 and
27.04.2009, by cancelling the release deed executed in favour of the
petitioner on 19.03.2009. In turn, the said Santhanam executed a sale deed in
favour of the third respondent.
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W.P.(MD).No.8943 of 2021
5. The third respondent, who had purchased the property, made
an application before the Tahsildar, Theni and the patta was transferred in his
favour without issuing any notice to the petitioner.
6. The petitioner, thereafter, made a representation before the
District Collector and the same was forwarded to the second respondent for
necessary action. The second respondent held an enquiry and through
proceedings dated 25.11.2009, he is said to have cancelled the patta granted
in favour of the third respondent. However, a final order came to be passed
on 30.04.2010, wherein, the patta was again transferred in favour of the said
Pethu Chettiyar and the third respondent herein.
7. The petitioner thereafter, approached this Court and filed
W.P.(MD).No.7011 of 2010 and this Court by an order dated 20.06.2011,
setting aside the order passed by the second respondent and remitted the
matter back to the file of the second respondent. The second respondent,
thereafter, by proceedings, dated 15.05.2012, directed both the parties to
redress their grievances before the competent Civil Court.
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W.P.(MD).No.8943 of 2021
8. The petitioner, aggrieved by the order of the second
respondent, filed a Revision before the first respondent in the year 2012 and
the same was taken on file by the first respondent in Na.Ka.No.
20291/2012/D4. In the meantime, the third respondent had sold the property
in favour of one Tamilarasan and he filed a suit in O.S.No.164 of 2011,
before the District Munsif Court, Theni and the same came to be dismissed by
Judgment and Decree dated 13.08.2015.
9. The grievance of the petitioner is that there is absolutely no
progress in the Revision that is pending before the first respondent and hence,
left with no other alternative, the present Writ Petition has been filed before
this Court seeking for appropriate directions.
10. Heard Mr.M.C.Swamy, learned counsel appearing on behalf
of the petitioner and Mr.P.Mahendran, learned Additional Government
Pleader appearing on behalf of the respondents 1 and 2.
11. Taking into consideration the facts and circumstances of the
case and the limited relief sought for in this Writ Petition, there shall be a
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W.P.(MD).No.8943 of 2021
direction to the first respondent to dispose of the Revision pending in
Na.Ka.No.20291/2012/D4, after affording opportunity to the petitioner and
the third respondent and any other interested parties strictly in accordance
with law, within a period of eight (08) weeks from the date of receipt of a
copy of this order.
12. The petitioner is directed to make a fresh representation to
the first respondent along with all the relevant documents and also a copy of
this order.
13. The Writ Petition stands disposed of with the above
directions.
30.04.2021
Internet : Yes/No
Index : Yes/No
tsg
NOTE:
1. Issue order copy by 04.05.2021
2. 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
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W.P.(MD).No.8943 of 2021
N.ANAND VENKATESH, J.
tsg
1. The District Revenue Officer,
Theni District, Theni.
2. The Revenue Divisional Officer,
Theni, Theni District.
Order made in
W.P.(MD).No.8943 of 2021
Dated:
30.04.2021
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8943 of 2021
https://www.mhc.tn.gov.in/judis/
