Madras High Court
K.K.Sukumaran (Deceased) vs The District Revenue Officer on 26 July, 2023
W.P.No.15881 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.15881 of 2017
and
W.M.P.No.17193 of 2017
1.K.K.Sukumaran (Deceased)
2.K.S.Kakuth Kaarthikayan
3.Vijayalakshmi ... Petitioners
[P3 substituted as the LR of the deceased P1 dated 23.11.2022
made in WMP No.30386/2022 in WP No.15881/2017]
Vs.
1.The District Revenue Officer,
Coimbatore District,
Coimbatore.
2.Kumaresan (Deceased)
3.Kavitha
4.Naveen Venkatraman
5.K.Lakshmi
6.K.Manoj
7.Seethammal ... Respondents
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.15881 of 2017
[R4 impleaded vide order dated 23.11.2022made in
WMP No.30388 of 2022 WP No.15881of 2017]
[R5 to R7 substituted as LRs of Deceased 2nd respondent vide
order dated 30.06.2023 WMP No.16580/2023 in WP 15881/2017]
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorari, calling for the records pertaining to passing
of the impugned order dated 20.01.2017 having reference
No.Na.Ka.10050/2012E1 passed by the 1st respondent the District Revenue
Officer, Coimbatore and quash the same.
For Petitioners : Mr.E.P.Senniyangiri
For R1 : Mr.D.Ravichander
Special Government Pleader
For R2 : Deceased
For R3 to R7 : Mr.N.Nithianandam
For Mr.A.Saran Raj
ORDER
The order impugned passed by the District Revenue Officer in
proceedings dated 20.01.2017 is sought to be quashed in the present writ
petition.
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W.P.No.15881 of 2017
2. The petitioners state that they are the absolute owners and are in
possession of the land and building at S.F.No.512/2A2, Veerakeralam
Village, Perur Taluk, Coimbatore District. The impugned order has been
passed by the 1st respondent including the name of the 3 rd respondent in Patta
No.1185 pertaining to the property belonging to the writ petitioners. Thus, the
petitioners are constrained to move the present writ petition.
3. The learned counsel for the petitioners mainly contended that the 1 st
respondent passed an impugned order without affording opportunity to the
writ petitioners. The petitioners have obtained judgment and decree from the
Civil Court of Law and the said decree has also not been considered by the 1 st
respondent. Thus, the order impugned is liable to be set aside.
4. The learned counsel appearing on behalf of the respondents 3 to 7
raised an objection by stating that in respect of the same petitioners this Court
has relegated the parties to the Civil Court in W.P.No.14562 of 2017 dated
09.03.2023. Therefore, the present writ petition is also to be rejected.
5. The learned counsel for the petitioners made a submission that the
writ petition was in relation to the electricity connection to be provided and in
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W.P.No.15881 of 2017
respect of those disputes this Court granted liberty to the parties to approach
the Civil Court.
6. As far as the patta proceedings are concerned, the petitioners have
already approached the Civil Court and they are in possession of those
judgment. That being the factum, the matter is to be remanded back for the
purpose of fresh adjudication of the issues between the parties. Since the
petitioners have not been afforded with an opportunity to defend their case,
the order impugned is to be set aside.
7. Accordingly, the impugned order passed by the 1st respondent in
proceedings No.Na.Ka.10050/2012E1 dated 20.01.2017 is quashed. The
petitioners and the contesting respondents are at liberty to submit their
applications along with the documents, if any, to the 1st respondent within a
period of three (3) weeks from the date of receipt of a copy of this order. On
receipt of any such applications, documents, etc., the 1st respondent shall
issue summons to all the parties by fixing a date of enquiry and adjudicate the
matter on merits and in accordance with law and pass appropriate orders
within a period of 12 weeks thereafter.
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W.P.No.15881 of 2017
8. With the above directions, this Writ Petition stands allowed. No
costs. Consequently, connected Miscellaneous Petition is closed.
26.07.2023
Jeni
Index : Yes
Neutral Citation : Yes
Speaking order
To
The District Revenue Officer,
Coimbatore District,
Coimbatore.
https://www.mhc.tn.gov.in/judis
W.P.No.15881 of 2017
S.M.SUBRAMANIAM, J.
Jeni
W.P.No.15881 of 2017
26.07.2023
https://www.mhc.tn.gov.in/judis
