Madras High Court
Dr.P.Saravanan vs The District Revenue Officer on 13 June, 2023
W.P.(MD) Nos.3445 to 3451 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.(MD) Nos.3445 to 3451 of 2022
and
W.M.P(MD)Nos.3012, 3014 to 3017, 3028, 3029, 3021, 3023, 3018 to
3025 of 2023
W.P(MD)No.3445 of 2022
Dr.P.Saravanan .. Petitioner
Vs.
1.The District Revenue Officer,
Madurai.
2.The Revenue Divisional Officer,
Madurai.
3.The Tahsildar,
Madurai West Taluk,
Madurai.
4.T.Karuppiah
5.S.Santha ... Respondents
Prayer :- Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Certiorarified Mandamus, to call for the
records relating to the impugned order of the 1st respondent in
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W.P.(MD) Nos.3445 to 3451 of 2022
Ni.Mu.No.24844/2018/G5 dated in 29.04.2019 and quash the same and
to direct the respondents 1 to 3 to restore the Patta No.3329 in the name
of the petitioner in respect of S.No.31B/3B.
For Petitioner : Mr.H.Arumugam
in all W.Ps
For R1 to R3 : Mr.N.Muthuvijayan
in all W.Ps Special Government Pleader
For R4 : Mr.K.S.Durai Pandian
in all W.Ps
COMMON ORDER
These writ petitions have been filed in the nature of a certiorarified
mandamus seeking records relating to the impugned order of the first
respondent, the District Revenue Officer, Madurai, dated 29.04.2019 and
interfere with the same and consequently direct the first and second
respondents to restore the patta in the name of the petitioners in respect
of S.No.31B/3B at Karadipatti Village, Maduri West Taluk, Madurai.
2.The brief facts of the cases reveal that the fourth respondent,
T.Karuppiah, had been agitating title over the properties had instituted a
suit in O.S.No.148 of 2006 at Principal District Court, Thirumangalam,
and in the said suit, the fifth respondent herein, S.Santha, was the
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W.P.(MD) Nos.3445 to 3451 of 2022
defendant. She had entered appearance and also filed her written
statement and thereafter, she had taken a decision to abstain from
appearing before the Court and participating in further proceedings. The
suit was decreed by judgment and decree on 27.11.2015. Thereafter, the
proceedings before the District Revenue Officer, was initiated against
Santha and the District Revenue Officer, also issued notice to the
aforementioned Santha. Notice issued had been returned with an
endorsement as “not found”.
3.The learned counsel appearing for the petitioners stated that
when the patta stands in the name of the petitioners, the District Revenue
Officer should have issued notice to the petitioners. It is complained that
since as a fact of patta in the name of the petitioners has been
established, even according to the records produced by the learned
Special Government Pleader, the writ petition should be allowed and the
order impugned should be set aside and further opportunity must be
given to the petitioners herein to agitate the entire issue once again.
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W.P.(MD) Nos.3445 to 3451 of 2022
4.The contention that the fifth respondent had apparently taken a
decision to abstain from further proceedings consequent to the sale of the
land to the petitioners herein, pending litigation and pending dispute with
the fourth respondent is an issue which cannot be examined by this Court
under Article 226 of the Constitution of India. The fact remains that the
fourth and fifth respondents were having a dispute in a civil Court. The
fifth respondent had filed her written statement before the Court. But, she
did not appear before the trial Curt and she did not cross-examine any of
the witnesses. The suit was decreed on the basis of the evidence
presented by the fourth respondent herein. Thereafter, the matter moved
ahead before the District Revenue Officer, the first respondent, who had
issued notice to the fifth respondent. On that particular date, the patta
stood in the name of the petitioners herein.
5.A cursory reference of the records reveals that since the names of
the petitioners were found place in the patta, notice must have been
issued to the petitioners and the petitioners must have been heard.
Unfortunately, the District Revenue Officer, left the matter at rest, after
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W.P.(MD) Nos.3445 to 3451 of 2022
issuing notice to the said fifth respondent/Santha and inspite of her
absence proceeded further. The District Revenue Officer should have
sent notice to the petitioners particularly, since the fifth respondent
Santha had not responded to the notice issued by him.
6.The fundamental principle is that no quasi judicial order should
be passed in the absence of all the parties. They must be heard and
effective hearing must be given and finally a reasoned order must be
passed.
7.I would therefore set aside the impugned order and remand the
matter back with a direction to issue notice to the said fifth respondent
Santha and simultaneously, issue notice to the petitioners herein and give
them both sufficient opportunity to produce documents and then also
examine the decree of the Civil Court and then take decision. Let the
decision be taken in the presence of all the parties. Before taking any
particular view, the first respondent District Revenue Officer, Madurai,
has to revisit the entire proceedings . The entire exercise shall be
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W.P.(MD) Nos.3445 to 3451 of 2022
completed within a period of six months from the date of receipt of a
copy of this order.
8.In view of the above, these writ petitions are allowed. No costs.
Consequently, connected miscellaneous petitions are closed.
13.06.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes
Ns
To
1.The District Revenue Officer,
Madurai.
2.The Revenue Divisional Officer,
Madurai.
3.The Tahsildar,
Madurai West Taluk,
Madurai.
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W.P.(MD) Nos.3445 to 3451 of 2022
C.V.KARTHIKEYAN, J.
Ns
W.P.(MD) Nos.3445 to 3451 of 2022
and
W.M.P(MD)Nos.3012, 3014 to 3017, 3028, 3029, 3021, 3023, 3018 to
3025 of 2023
Dated: 13.06.2023
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