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2014 DIGILAW 1307 (MAD)

R. Kumaraswamy v. District Collector

2014-06-13

V.DHANAPALAN

body2014
JUDGMENT 1. By consent of the learned counsel on either side, this Writ Petition is taken up for final disposal. 2. Heard Mr.Jaganathan, learned counsel for the petitioner; Mr.Dig Vijay Pandian, learned Additional Government Pleader appearing respondents 1 and 2 and Mr.C.T.Mohan, learned counsel appearing for respondents 3 and 4. 3. The petitioner has come out with a limited relief of directing the 2nd respondent to dispose of the appeal pending before the District Revenue Officer, Kanchipuram against the order of the Revenue Divisional Officer, Tambaram, in Na.Ka.No.4316/2012/A dated 06.02.2013. 4. According to the petitioner, the land measuring 0.23.0 hectares (0.57 cents) in Survey No.26/1 and land measuring 0.04.0 hectares (0.11) cents in Survey No.27/6, Gowriwakkam Village had been the absolute properties of his father, Late Mr.Rajagopal in terms of purchase under the Registered Sale Deed dated 09.12.1960 in Doc.No.3576/1960 of SRO, Pallavaram. The said properties were brought into the Revenue records in the name of Late Mr.Rajagopal in patta No.62 by causing necessary sub-division as Survey No.26/1 and 27/6B, respectively. The land measuring 0.11 cents in Survey No.27/5 Gowriwakkam Village had been the absolute property of Late Mr.Rajagopal, who derived title of the same in terms of Registered Exchange Deed dated 27.06.1966 in Doc.No.2300/1966 of SRO, Tambaram, executed between petitioner's father, Late Mr.Rajagopal and Mr.K.A.Babu Naidu. 5. Thereafter, the petitioner's father purchased 0.13 cents in Survey No.27/5, Gowrivakkam Village under the Registered Sale Deed dated 19.04.1953 in Doc.No.732/1953 executed by Mr.Appavu Naidu and thus, the petitioner's father Late Mr.Rajagopal had become the owner of the said property. Further, the land measuring 0.12 cents in Survey No.27/4, Gowrivakkam Village became the absolute property of Late Mr.Rajagopal in terms of his purchase under the Registered Sale Deed dated 05.12.1962 in Doc.No.3331/1962 of SRO, Pallavaram from Mrs.Savithri. 6. Prior to the above purchase of land, the land measuring 0.14 cents in Survey No.29/1, together with other adjacent properties in different Survey numbers at Gowrivakkam Village had been the absolute properties of Late Mr.Lakshmana Naidu in terms of his purchase under the registered sale deed dated 06.06.1925 in Doc.No.2321/1925 of SRO, Saidapet and the said properties were subjected to family arrangement by way of oral partition during the year 1952 among the sons of Mr.Lakshmana Naidu, namely, Jagannatha Naidu, Thambaiah Naidu, Rajagopal Naidu and Narayanasamy Naidu. Out of the said family arrangement, 0.14 cents of land in Survey No.29/1, Gowrivakkam Village became the share of Mr.Rajagopal Naidu. 7. On 12.11.1968, the petitioner's father Mr.Rajagopal died intestate, leaving behind him, his daughter Mrs.Sumithra and his son, Mr.Kumarasamy, the petitioner herein, to inherit the said properties. Thereby, the petitioner became the absolute owner of the above said properties and subsequently, patta was issued in the name of the petitioner vide Patta Nos.66 and 69 and the petitioner continued to be in lawful possession and enjoyment of the same. While so, respondents 3 and 4 presented an application claiming patta in their names before the Tahsildar, Tambaram Taluk and the same was entertained in Na.Ka.No.7441/2010/Aa.2. Subsequently, respondents 3 and 4 made an application before the RDO, Tambaram and the same was entertained in his proceedings under Na.Ka.4316/2012/Aa, ordering cancellation of patta and issuance of same in the name of respondents 3 and 4. Aggrieved by the RDO's order, the petitioner filed an appeal on 11.03.2013 before the District Revenue Officer, Kancheepuram to set aside the order of the RDO, Tambaram in Na.Ka.4316/2012/Aa. Pending consideration of the said appeal, the petitioner has filed this Writ Petition. 8. Learned Additional Government Pleader appearing for respondents 1 and 2 would submit that if the petitioner's appeal dated 11.03.2013 is in time and in order, the same may be directed to be disposed of in accordance with law in a time-bound manner. 9. Learned counsel appearing for respondents 3 and 4 would submit that respondents 3 and 4 may be given notice in this regard. 10. Considering the facts and circumstances of the case and in the light of the above stated position, the 2nd respondent/District Revenue Officer, Kancheepuram, who is the appellate authority, is directed to look into the petitioner's appeal dated 11.03.2013, if it is in order and in time, and dispose of the same in accordance with law, after giving due notice to the parties concerned within a period of eight(8) weeks from the date of receipt of a copy of this order.