Madras High Court
Tulsidas K.Patel vs The District Revenue Officer on 1 February, 2022
W.A.(MD) No.31 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.02.2022
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A.(MD) No.31 of 2022
Tulsidas K.Patel ... Appellant/Petitioner
Vs.
1.The District Revenue Officer,
Tiruchirappalli,
Trichy District.
2.The Revenue Divisional Officer,
Tiruchirappalli,
Trichy District.
3.The Tahsildar,
Thiruvembur,
Trichy.
4.Natarajan
5.Hemalatha ... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, praying to
set aside the order, dated 13.12.2021, made in W.P.(MD) No.22060 of
2021 by allowing the appeal.
For Petitioner : Mr.R.Gandhi
For Respondent Nos.1 : Mr.M.Siddharthan
to 3 Additional Government Pleader
JUDGEMENT
(Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.)
W.P.(MD) No.22060 of 2021 was filed by the appellant herein for
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W.A.(MD) No.31 of 2022
issuance of a Writ of Mandamus, directing the first respondent to take
the Revision Petition filed under Section 13 of Tamil Nadu Patta Pass
Book Act, 1983 by the petitioner dated 01.11.2021 on file and dispose of
the same in accordance with law within a time frame. The said Writ
Petition was dismissed by the learned Single Judge by recording the
statement of learned Additional Government Pleader that the inquiry was
on and challenging the same, the Writ Appeal has been filed.
2.Heard Mr.R.Gandhi, learned counsel for the appellant and
Mr.M.Siddharthan, learned Additional Government Pleader, appearing for
respondent Nos.1 to 3. In view of the order, we propose to pass in this
Writ Appeal, protecting the interests of respondent Nos.4 and 5 also,
notice to respondent Nos.4 and 5 is dispensed with.
3.A Revision Petition was filed by the appellant/petitioner before
the Revenue Divisional Officer under the Tamil Nadu Patta Pass Book Act,
1983. Similarly another Revision Petition was filed by respondent Nos.3
and 4 with respect to the same property before the Revenue Divisional
Officer.
4.According to the appellant, the revision petition filed by him is not
yet taken on file and numbered, before which, the Revision Petition filed
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W.A.(MD) No.31 of 2022
by respondent Nos.4 and 5 was taken up for enquiry. When there are
two Revision Petitions pending, relating to the same issue, unless both
are heard together, there is a chance of conflicting orders being passed.
Before the Writ Court, when it was mentioned that enquiry has
commenced, on the premise that both the revision petitions are heard
together, the Writ Petition was dismissed by recording the statement of
the learned Additional Government Pleader. It was pointed out by the
learned counsel for the appellant that the revision petition is yet to be
numbered and taken on file by the second respondent.
5.The learned Additional Government Pleader also agreed that he
would give suitable instructions to the officials to take up both the
Revision Petitions together.
6.However, we make it as a direction to the second respondent to
hear both the Revision Petitions, filed by the petitioner and the
respondent Nos.4 and 5 together by affording them an opportunity of
personal hearing and pass appropriate orders on merits and in
accordance with law within a period of six weeks from the date of receipt
of a copy of this order.
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W.A.(MD) No.31 of 2022
7.The Writ Appeal stands disposed of with the above directions. No
costs.
[P.S.N.,J] [P.V.,J.]
01.02.2022
Index :Yes/No
Internet :Yes/No
sj
Note :
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
1.The District Revenue Officer,
Tiruchirappalli,
Trichy District.
2.The Revenue Divisional Officer,
Tiruchirappalli,
Trichy District.
3.The Tahsildar,
Thiruvembur,
Trichy.
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W.A.(MD) No.31 of 2022
PUSHPA SATHYANARAYANA, J.
and
P.VELMURUGAN, J.
sj
W.A.(MD) No.31 of 2022
01.02.2022
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