Madras High Court
A.Sakkiah vs The District Revenue Officer on 20 September, 2022
W.P.(MD).No.22111 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.09.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P(MD)No.22111 of 2022
A.Sakkiah ... Petitioner
vs.
1.The District Revenue Officer,
O/o.The District Revenue Officer,
District Collector Office Building,
Madurai District.
2.The Revenue Divisional Officer,
O/o.Revenue Divisional Office,
Tirumangalam Taluk,
Madurai. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, for issuance of a Writ of Certiorarified Mandamus, calling for the
records of the 1st respondent under the proceedings bearing
No.Na.No.G2/30096/2022 dated 28.06.2022 and quash the same as ultra
virus, illegal and not valid in law and in consequence directing the 1st
respondent to take the review application dated 01.06.2022 filed by the
1/8
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W.P.(MD).No.22111 of 2022
petitioner as against the order passed by the 2nd respondent in ep.K.vz;.
8158/2004 dated 09.11.2005 to his file and further direct the 2 nd
respondent to issue the certified copy of the impugned order dated
09.11.2005 challenged in the review application in respect of the
petitioner's land comprised in S.No.77/1AP measuring 0.8.50 Ares, in
S.No.79/2B measuring 0.37.00 ares and in S.No.79/2D measuring
0.19.50 Ares situated at Periya Aalankulam Village, Thirupparankundram
Taluk, Madurai South, Madurai District, on merits within a period of
time as may be fixed by this Court.
For Petitioner : Mr.M.Ponniah
For Respondents : Mr.D.Sadiqraja
Additional Government Pleader
ORDER
This writ petition has been filed challenging the proceedings of
the first respondent dated 28.06.2022 and to quash the same and
consequently direct the first respondent to take the review application
dated 01.06.2022, filed by the petitioner to his file and further direct the
second respondent to issue the certified copy of the impugned order
dated 09.11.2005, challenged in the review application, in respect of the
petitioner's land comprised in S.No.77/1AP measuring 0.8.50 Ares, in
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W.P.(MD).No.22111 of 2022
S.No.79/2B measuring 0.37.00 ares and in S.No.79/2D measuring
0.19.50 Ares situated at Periya Aalankulam Village, Thirupparankundram
Taluk, Madurai South, Madurai District.
2. The case of the petitioner is that the properties in S.Nos.77/1AP,
79/2B and 79/2D to an extent of 0.65.00 ares situated at Periya
Aalankulam Village, Thirupparankundram Taluk, Madurai District
originally belongs to the petitioner's mother. She executed registered gift
settlement deeds in favour of her three sons including the petitioner.
Subsequent to that, the petitioner and his brothers are the absolute
owners of the said properties and they are in possession and enjoyment of
the same. In such circumstances, the sisters of the petitioner's mother and
their legal heirs filed a suit in O.S.No.501 of 2007 for partition, before
the District Munsif, Thirumangalam. The said suit was dismissed on
20.02.2018. As against the dismissal of the said suit, the plaintiffs filed
an appeal in A.S.No.50 of 2018 before the Sub-Court, Thirumangalam
and the same was also dismissed on 28.02.2019. Aggrieved over the
same, the plaintiffs have filed the Second Appeal in S.A.(MD)No.423 of
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W.P.(MD).No.22111 of 2022
2020 before this Court and the same was dismissed on 11.03.2022.
3. During the pendency of the suit, the plaintiffs in the said suit
illegally moved a petition before the second respondent to obtain Patta in
their name in respect of the petitioner's properties, for which they have
created fraudulent documents and get the joint Patta. The certified copy
of the judgment in S.A.No.423 of 2020 was received on 08.04.2022.
Hence, the petitioner filed the review application before the first
respondent on 01.06.2022 and the same was rejected on 28.06.2022,
stating that the review application can be filed within 30 days from the
date of the order passed by the second respondent and the original order
of the second respondent was not enclosed. Therefore, he filed an
application before the second respondent to get the certified copy of the
order of the second respondent. But the second respondent has rejected
the request of the petitioner. Challenging the same, the present writ
petition has been filed.
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W.P.(MD).No.22111 of 2022
4. Mr.D.Sadiq Raja, learned Additional Government Pleader
appearing for the respondents would submit that it is only a notice,
wherein, the first respondent has directed the petitioner to give reasons
for submitting the said review application belatedly and it is not a final
order being passed by the authorities concerned.
5. Heard Mr.M.Ponniah, learned counsel appearing for the
petitioner and Mr.D.Sadiqraja, learned Additional Government Pleader
appearing for the respondents.
6. This Court, after hearing the parties, is of the view that there
was a dispute regarding the title of the property, which has been gifted by
the mother to the petitioner and when the mutation has been effected in
the Patta, the authorities concerned has not considered the same. But
during the pendency of the civil suit, the authorities concerned issued the
Pattas in favour of the plaintiffs, who are not successful before the Courts
below and the petitioner has to establish his right over the property. That
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W.P.(MD).No.22111 of 2022
being the case, the petitioner is directed to approach the first respondent
by giving an explanation as to why he could not file the said review
application within the time and on receiving the said explanation, the
first respondent is directed to apply his mind and after scrutinising the
judgment and decree passed by the Courts below and pass appropriate
orders in the review application, after holding an enquiry and giving an
opportunity to the parties concerned, regarding the said mutation, within
a period of six months from the date of receipt of a copy of this order.
7. With the above directions, this Writ petition is disposed of. No
costs.
20.09.2022
Index:Yes/No
Internet:Yes/No
akv
To
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W.P.(MD).No.22111 of 2022
1.The District Revenue Officer,
O/o.The District Revenue Officer,
District Collector Office Building,
Madurai District.
2.The Revenue Divisional Officer,
O/o.Revenue Divisional Office,
Tirumangalam Taluk,
Madurai.
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W.P.(MD).No.22111 of 2022
V.BHAVANI SUBBAROYAN,J.
akv
W.P(MD)No.22111 of 2022
20.09.2022
https://www.mhc.tn.gov.in/judis
