Madras High Court
Kuzhipirai Pottramari Kulam Trust vs The District Revenue Officer on 14 March, 2025
W.P.(MD)No.6800 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.03.2025
CORAM
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.P.(MD)No.6800 of 2025
and
W.M.P.(MD)Nos.5087 & 5088 of 2025
Kuzhipirai Pottramari Kulam Trust,
Represented by its Trustee,
K.Annamalai, S/o.Karuppiah,
19, Thiru.Vi.Ka Street,
Thilagar Nagar,
Karaikudi. : Petitioner
Vs.
1. The District Revenue Officer,
Pudukkottai District.
2. The Revenue Divisional Officer,
Pudukkottai.
3. The Thasildar,
Thirumayam Taluk,
Pudukottai District.
4. Alagappan
1/7
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W.P.(MD)No.6800 of 2025
5.Rajamanikkam : Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying for a Writ of Certiorarified Mandamus, to call for the
records of the impugned letter in Na.Ka.No.A4/1727/2024 dated
24.12.2024 passed by the second respondent and quash the same
and consequently directing the Respondents No.2 and 3 to restore
the patta in the name of the petitioner in S.Nos.431/1,2,3,4,5 and 6
of Kuzhipirai Village, Thirumayam Taluk, Pudukkottai District, within
stipulated time fixed by this Cour.
For Petitioner : Mr.RM.Arun Swaminathan
For Respondents 1 to 3 : Mr.S.Kameswaran,
Government Advocate
ORDER
This is an unfortunate case. The petitioner approached this
Court in W.P.(MD)No.25477 of 2023 and this Court, by order dated
04.03.2024, held that the impugned proceedings would be kept on
hold and the parties will appear before the Revenue Divisional
Officer on 18.03.2024 at 03.00 p.m. The Revenue Divisional Officer,
Pudukkottai was directed to pass orders afresh on merits and in
accordance with law. Pursuant to the said order, the Revenue
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Divisional Officer by communication dated 24.12.2024 in
Na.Ka.No.A4/1727/2024, has directed the parties to approach the
District Revenue Officer, despite a specific direction issued by this
Court to the Revenue Divisional Officer to conduct enquiry and hear
the parties and thereafter, pass orders. This communication dated
24.12.2024, is under challenge in the present Writ Petition.
2.Today, the matter is taken up for admission. Learned
Government Advocate produced the order passed by the Revenue
Divisional Officer dated 05.03.2025. Strangely, the Revenue
Divisional Officer records his earlier communication which is
impugned in the present Writ Petition as subject Item No.4.
However, there is not a whisper in the entire order about the said
proceedings dated 24.12.2024. This Court had specifically directed
the Revenue Divisional Officer, to inquire into the matter after
hearing the parties and pass an order. When the Revenue Divisional
Officer has taken a definite stand that the order is appealable to the
District Revenue Officer and he has no jurisdiction to hear the
matter, it is shocking to see as to how the very same Revenue
Divisional Officer can take up the matter and pass orders without
even hearing the parties and such action on the part of the Revenue
Divisional Officer is clearly contemptuous.
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3.The contention of the learned Counsel for the petitioner
that this order now produced as if the Revenue Divisional Officer has
passed an order after considering all the points as directed by this
Court in the earlier Writ Petition and that it is pre-dated cannot be
ruled out. When the third respondent has also washed his hands off
saying that he cannot take up the matter, it is not known as to on
what basis he has once again taken up the matter and passed an
order without even hearing the parties. Therefore, the said order
which is now projected to be in compliance with the order in W.P.
(MD)No.25477 of 2023, cannot be sustained for even a second. In
any event, it is not forming part of the record.
4.The learned Counsel for the petitioner would also invite
my attention to the judgments passed in the Civil Court, which went
up to privy council and in the second round of litigation, the
Appellate Court in A.S.No.50 of 2009, granted a decree declaring the
petitioner's right over the subject lands. However, he would invite
my attention to the schedule in the decree, where there appears to
be a typographical error, mentioning the survey number 431.5 twice.
However, the total extent tallies and apparently the duplication was
in view of mentioning 431.3 as 431.5. Even in the proceedings of the
Revenue Divisional Officer, total extent and the survey numbers
which have been set out otherwise tallies with the decree passed in
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A.S.No.50 of 2009, on the file of Sub-Court Pudukkottai. The second
respondent, shall therefore take into account the above position,
total extent and also his own order dated 08.01.2021, setting out the
correct survey number and extent, while considering the petitioner's
request.
5.Therefore, the impugned order is set aside and the matter
is remitted to the second respondent. The second respondent /
Revenue Divisional Officer, Pudukkottai, shall conduct a fresh
enquiry, after hearing the parties concerned and after affording an
opportunity to them as directed by this Court in W.P.(MD)No.25477
of 2023 dated 04.03.2024 , shall thereafter, pass orders within a
period of four [4] weeks from the date of receipt of a copy of this
order.
6.Accordingly, this Writ Petition stands allowed. There shall
be no order as to costs. Consequently, connected miscellaneous
petitions are closed.
14.03.2025
Index :Yes / No
Internet : Yes / No
NCC : Yes/No
MR
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To
1. The District Revenue Officer,
Pudukkottai District.
2. The Revenue Divisional Officer,
Pudukkottai.
3. The Thasildar,
Thirumayam Taluk,
Pudukottai District.
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P.B.BALAJI., J.
MR
14.03.2025
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