D.Nilavazhagan vs The Revenue Divisional Officer
2021 Latest Caselaw 9851 Mad

                                                                                W.A.No.56 of 2020


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 17.04.2021

                                                        CORAM :

                                   THE HONOURABLE MR. JUSTICE M.M.SUNDRESH
                                                    AND
                                    THE HONOURABLE MS. JUSTICE R.N.MANJULA

                                                   W.A.No.56 of 2020

                     D.Nilavazhagan                                               ..Appellant
                                                           Vs


                     1.The Revenue Divisional Officer,
                       Madhavaram Taluk, Ambattur,
                       Thiruvallur District, Chennai.

                     2.The Tahsildar,
                       Madhavaram Circle,
                       Puzhal, Thiruvallur District,
                       Chennai – 66.

                     3.The Special Tahsildar,
                       (Settlement Officer),
                       Puzhal, Thiruvallur District,
                       Chennai – 66.

                     4.D.Illayarajan
                                                                                 ..Respondents


                     Prayer: Appeal filed under Clause 15 of the Letters Patent against
                     the order dated 06.11.2019 in W.P.No.29416 of 2019.



                                   For Appellant      : Mr.P.Sidharthan

                                   For Respondents    : Mr.V.Kadhirvelu,
                                                        Spl. Govt. Pleader for R1 to R3
                                                        Mr.R.Ganesh Kumar for R4

https://www.mhc.tn.gov.in/judis/
                     Page 1 of 4
                                                                               W.A.No.56 of 2020



                                                     JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

This appeal has been preferred by the appellant, aggrieved

against the order of the learned Single Judge, who was pleased to

dismiss the writ petition filed, challenging the order of the first

respondent, on the ground that the same has been filed after a

period of four years and he did not participate in the enquiry.

2. Learned counsel appearing for the appellant submitted

that before the enquiry by the first respondent, the appellant has

not been put on notice. Even before the notice could be served, the

proceedings were concluded. The order impugned was obtained by

him belatedly as it was not served on him.

3. The aforesaid averments being factual, we are not

willing to go into the same. Even otherwise, it is for the official

respondents to substantiate the procedural compliance.

4. Considering the above, we are inclined to permit the

appellant to file revision before the District Revenue Officer,

Thiruvallur within a period of eight weeks from the date of receipt of

a copy of this judgment raising all the contentions. After the revision

https://www.mhc.tn.gov.in/judis/

W.A.No.56 of 2020

is filed within the aforesaid time, the said authority is expected to

dispose it of on merits and in accordance with law after affording

opportunity to the appellant and the fourth respondent. Appropriate

orders are to be passed within a period of eight weeks thereafter.

5. The writ appeal stands disposed of accordingly. No

costs. Consequently, the connected C.M.P.No.718 of 2020.

                                                              (M.M.S., J.)    (R.N.M., J.)
                                                                       17.04.2021
                     Internet : Yes/No
                     ssm/mmi



                     To:

1.The District Revenue Officer, Thiruvallur.

2.The Revenue Divisional Officer, Madhavaram Taluk, Ambattur, Thiruvallur District, Chennai.

3.The Tahsildar, Madhavaram Circle, Puzhal, Thiruvallur District, Chennai – 66.

4.The Special Tahsildar, (Settlement Officer), Puzhal, Thiruvallur District, Chennai – 66.

https://www.mhc.tn.gov.in/judis/

W.A.No.56 of 2020

M.M.SUNDRESH,J.

and R.N.MANJULA,J.

(ssm)

W.A.No.56 of 2020

17.04.2021

https://www.mhc.tn.gov.in/judis/