This writ petition has been filed by the petitioner, praying for a Writ of Mandamus, to direct the first respondent to dispose of the petitioner's revision petition filed before the District Revenue Officer, on 19.01.2008, challenging the order, dated 08.12.2007, passed by the Revenue Divisional Officer, Sivakasi, on merits and in accordance with law, within a specified time.
2. The petitioner had submitted that he is a retired District Revenue Officer. The land comprised in Village Survey No.2392/19, Nakkeneri Village, Rajapalayam Taluk, is a house site belonging to the petitioner, measuring an extent of 1155 Sq.ft. The land had been bequeathed to the petitioner by his father. Thereafter, the petitioner had been in possession and enjoyment of the said property for more than 35 years. He had obtained a loan by mortgaging the said property with the Sivakasi Divisional Co-operative Housing Society Limited, by way of a registered mortgage deed, in document No.2054 of 1979, dated 09.10.1979.
3. While so, during the Natham Settlement Scheme the property belonging to the petitioner had been wrongly classified as Natham vacant land in the revenue records. In such circumstances, the petitioner had submitted a representation to the Revenue Divisional Officer, Sivakasi, on 17.08.2005, for re-classifying the said land as Village Natham in the revenue records and to grant patta in the name of the petitioner. Mr.P.Ganesan, the Revenue Divisional Officer, Sivakasi, passed an order rejecting the claim of the petitioner, by his proceedings No.A- 1/8275/07, dated 08.12.2007.
4. Against the said order, the petitioner had preferred a revision petition to the District Revenue Officer, Virudhunagar District, on 19.01.2008, and it is still pending. While so, Mr.P.Ganesan, the Revenue Divisional Officer, Sivakasi, who had passed the earlier order, dated 08.12.2007, had been promoted and he is the present District Revenue Officer in Virudhunagar District. Therefore, it would not be appropriate for the District Revenue Officer who was the Revenue Divisional Officer, Virudhunagar District, Sivakasi, who had passed the order, dated 08.12.2007, to hear and dispose of the revision petition filed by the petitioner. Further, it has been stated that Mr.P.Ganesan, the present District Revenue Officer, who was, earlier, the Revenue Divisional Officer, Sivakasi, cannot sit on revision against the order passed by him, on 08.12.2007, as it would be contrary to the principles of natural justice.
5. In view of the submissions made by the learned counsels representing the parties concerned, and in the interest of justice, the first respondent, District Collector, Virudhunagar District, is directed to call for the records relating to the revision petition No.3397 of 2008, pending on the file of District Revenue Officer, Virudhunagar District and to pass appropriate orders thereon, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after giving a reasonable opportunity of hearing to the third respondent.
6. Accordingly, the writ petition is allowed, with the above directions. No costs.
cs To
1.The District Collector, Virudhunagar District, Virudhunagar.
2.The District Revenue Officer, Virudhunagar, Collectorate Complex, Virudhunagar.