Madras High Court
J.Caroth Benham Saron Jefferson ... vs The District Revenue Officer on 3 August, 2021
W.P.(MD)No.13376 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.08.2021
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.(MD)No.13376 of 2021
and
W.M.P(MD).No.10338 of 2021
J.Caroth Benham Saron Jefferson and
Julie Jefferson,
Rep. By Power Agent
J.Eliyeser Joseph. ... Petitioner
Vs.
1. The District Revenue Officer,
O/o. The District Revenue Officer,
Tirunelveli District, Tirunelveli.
2. The Revenue Divisional Officer,
O/o. The Revenue Divisional Officer,
Cheran Mahadevi, Tirunelveli District.
3. The Tahsildar,
Taluk Office,
Nanguneri Taluk & Post,
Tirunelveli District.
4. The Zonal Deputy Tahsildar,
Taluk Office,
Nanguneri Taluk and Post,
Tirunelveli District. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.13376 of 2021
Prayer: Writ petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, direct the second respondent to consider
the petitioner's appeal dated 06.08.2019 and to pass final orders within a
stipulated time may be fixed by this Court and consequently direct the
respondents to issue separate patta in the name of petitioner's principal in
respect of property situated in S.No.52/1 and 52/2 in Rajakkamangalam
Village, Nanguneri Taluk, Tirunelveli District by considering the Sale
Deed made in Document No.3076/2005 dated 23.11.2005 on the file of
the Sub Registrar office, Vallioor in the light of the judgment and decree
dated 29.10.2015 made in O.S.No.53/2010, on the file of the Hon'ble
Principal District Munsif-cum-Judicial Magistrate Court, Nanguneri.
For Petitioner : Mr.M.Saravanakumar
For Respondents : Mr.P.Subbaraj,
Counsel for State
for R1 to R4
ORDER
The petitioners seek the expeditious disposal of the appeal filed
before the second respondent on 06.08.2019.
2. The petitioners state that they had purchased land of a total
extent of about 15 acres 55 cents. It is alleged that one Mr.Perumal relied
upon a forged power of attorney and obtained orders for the subdivision
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.13376 of 2021
of the property in Survey Nos.52/1 and 52/2. Subsequently, it is alleged
that further subdivision was made at the behest of Mr.S.Murugesan.
3. Learned counsel for the petitioners submits that the petitioners
filed a civil suit in O.S.No.53 of 2010 and based on orders passed by the
civil court had approached the second respondent for rectification of the
relevant revenue records. On such basis, rectification was carried out to
the extent that the names of certain persons whose names had been
wrongly entered therein was deleted, but separate patta was not issued in
favour of the petitioners. Therefore, the petitioners had approached the
fourth respondent in such connection, but the fourth respondent
erroneously rejected the application of the petitioner. The appeal before
the second respondent was filed in such facts and circumstances on
22.07.2019.
4. Mr.P.Subbaraj, learned counsel for the State, accepts notice on
behalf of all the respondents and states that the second respondent may
be directed to consider and dispose of the pending appeal within a
reasonable time frame.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.13376 of 2021
5. Accordingly, without going into the merits of the matter, the
second respondent is directed to consider and dispose of the appeal filed
by the petitioner on 06.08.2019. Such appeal shall be decided by taking
into consideration all material documents that are produced before the
appellate authority and after providing a reasonable opportunity of
hearing both to the petitioners and to persons making a claim in respect
of the said property. Such reasoned order shall be passed within a period
of three months from the date of receipt of a copy of this order.
6. W.P(MD).No.13376 of 2021 is disposed of on these terms
without any order as to costs. Consequently, W.M.P(MD).No.10338 of
2021 is closed.
03.08.2021
Index : Yes
Internet : Yes
pkn
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.13376 of 2021
To
1. The District Revenue Officer,
O/o. The District Revenue Officer,
Tirunelveli District, Tirunelveli.
2. The Revenue Divisional Officer,
O/o. The Revenue Divisional Officer,
Cheran Mahadevi, Tirunelveli District.
3. The Tahsildar,
Taluk Office,
Nanguneri Taluk & Post,
Tirunelveli District.
4. The Zonal Deputy Tahsildar,
Taluk Office,
Nanguneri Taluk and Post,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.13376 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
pkn
W.P.(MD)No.13376 of 2021
03.08.2021
https://www.mhc.tn.gov.in/judis/
