The petitioners have filed the above writ petition to issue a Writ of Certiorarified Mandamus to call for the records in Na.Ka.No.21616/2016/ N-3 dated 29.12.2016 passed by the second respondent and to quash the same and to further direct the second respondent to consider the statutory appeal dated 28.10.2016 preferred by the petitioners, against the proceedings No.3150/2012/A dated 08.11.2012, on the file of the third respondent, in accordance with law.
2. It is not in dispute that the petitioners have filed a Civil Suit in O.S.No.95 of 2012, on the file of the Principal District Munsif Court, Alandur, for permanent injunction. Subsequently, the 4th respondent also filed a suit in O.S.No.185 of 2012, on the file of the Principal District Judge, Alandur, for declaration and for bare injunction.
3. According to the learned counsel on either side, both the Suits are pending before the Trial Court. It is the case of the petitioners that a patta was issued in their favour and the same was cancelled by the third respondent by his order Na.Ka.No.3150/2012/A dated 08.11.2012, without issuing notice to them. Further, the petitioners had contended that since, no notice was issued to them by the Revenue Divisional Officer, the third respondent herein, they were not aware of the cancellation of patta and when they came to know about the order passed by the third respondent, dated 08.11.2012, they filed a statutory Appeal before the second respondent on 28.10.2016. There was a delay of 1445 days in filing the statutory Appeal before the second respondent. The second respondent declined to condone the delay, stating that there was a delay of 4 years. Apart from saying so, the second respondent has not stated any other reason for declining to condone the delay.
4. When it is a specific case of the petitioners that no notice was sent to them by the Revenue Divisional Officer, the third respondent herein, the said aspect should have been considered by the second respondent. Non issuance of notice to the petitioners is clear violation of principles of natural justice. Further, the impugned order was passed without giving an opportunity to the petitioners.
5. It is not the case of the respondents that the petitioners have willfully failed to appear before the Revenue Divisional Officer, Tambaram, Kancheepuram District. When it is only the third respondent, who has not issued notice to the petitioners prior to the passing of the order dated 08.11.2012, without considering this aspect, the second respondent, the District Revenue Officer, has dismissed the petition and declined to condone the delay in filing the statutory Appeal without assigning any reason.
6. In the circumstances of the case, I am of the considered view, that the impugned order dated 29.12.2016, passed by the second respondent is liable to be set aside. Accordingly the same is set aside and the second respondent is directed to number the Appeal dated 28.10.2016 preferred by the petitioners and allow the petitioners to prosecute the Appeal in accordance with law as expeditiously as possible. It is needless to say that before deciding the appeal, the second respondent shall issue notice to the interested parties and afford sufficient opportunity to them.
7. At this juncture, the learned counsel for the petitioners submitted that, a Civil Revision Petition in C.R.P.No.2481 of 2016 is pending before this Court.
8. The learned counsel on either side submitted that the Civil Suits in O.S.Nos.95 and 185 of 2012 are pending before the Trial Court. In view of the same, learned District Munsif, Alandur is directed to dispose of the suits in O.S.Nos.95 and 185 of 2012 on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order.
With the above observations, the writ petition is allowed. No costs.
Consequently, connected miscellaneous petition is closed.
20.06.2017 Speaking order/Non Speaking order Index: No Note:Issue order copy on 23.06.2017 jer To
1. The District Collector Kancheepuram District, Kancheepuram.
2. The District Revenue Officer Kancheepuram.
3. The Revenue Divisional Officer Tambaram, Kancheepuram District.
M.DURAISWAMY,J., jer W.P.No.4409 of 2017 & W.M.P.No.4616 of 2017 20.06.2017 http://www.judis.nic.in