Raja Pandi / v. District Collector And Others S/

Prayer : Writ Appeal filed under Clause 15 of Letters Patent, against the order of this Court made in W.P.(MD) No. 7566 of 2017 dated 24.04.2017.

The Judgment of the Court was delivered by

M. Sathyanarayanan, J.:— The mater in issue pertains to cancellation of patta and maintenance of the status-quo ante with a further direction to approach the competent civil Court to workout the remedy. The matter was listed for hearing on 16.06.2017 and thereafter, the same has been adjourned.

2. The learned counsel for the petitioner would submit that challenging the impugned order dated 22.02.2017, the Writ Petition came to be filed on 17.04.2017 and since the writ petitioner has been diligently prosecuting the case, this Court in terms of Section 14 of the Limitation Act, 1963, can permit the petitioner to approach the rivisional authority viz., the District Revenue Officer, Madurai.

3. On the above submissions, this Court heard the submissions of Mr. VR. Shanmuganathan, learned Special Government Pleader appearing for the respondents 1 to 3.

4. It is relevant to extract Section 13 of the Tamil Nadu Patta Pass Book Act, 1983 and Rule 15 of the Tamil Nadu Patta Pass Book Rules, 1987.

“Section 13 - Revision. - Any officer of the Revenue Department not below the rank of District Revenue Officer authorised by the Government by notification in this behalf for such area as may be specified in the notification, may of his own motion or on the application of a party call for and examine the records of any Tahsildar or appellate authority within his jurisdiction in respect of any proceeding under this Act and pass such orders as he may think fit:

Provided that no such order prejudicial to any person shall be made unless he has given a reasonable opportunity of making his representation.”

“Rule 15 - Revision on application.- (1) An application under section 13 to the District Revenue Officer or such officer as may be authorised by the Government in this behalf by Notification for revision of an order passed by the Tahsildar or the appellate authority shall be filed within ninety days from the date of receipt of the order.

(2) The District Revenue Officer or such officer as may be authorised by the Government may admit an application for revision presented after expiry of the period mentioned in sub-rule (1), if he is satisfied that the party had just and sufficient cause for not presenting it within the said period.”

5. The petitioner is having an effective alternative remedy against the impugned order passed by the second respondent, which is the subject matter of challenge, in the form of revision before the District Revenue Officer, Madurai. The petitioner pursuant to the order of the second respondent approached this Court and he was bonafidely procecuting the writ proceedings. As such, the time spent by him is to be excluded. The Petitioner is permitted to file a revision against the order of the Revenue Divisional Officer, before the District Revenue Officer, Madurai, within four weeks from the date of receipt of a copy of this order and upon receipt of the same, the District Revenue Officer, Madurai may entertain the revision, if the papers are otherwise in order and after putting the rival claimants on notice and also by adhering the principles of natural justice shall dispose of the revision in accordance with law as expeditiously as possible.

6. In the result, the Writ Appeal is disposed of with the above observations. No Costs. Consequently, connected Civil Miscellaneous Petition is closed.