N. Ravichandran v. District Revenue Officer, Tiruppur
2022-07-21
MUNISHWAR NATH BHANDARI, N.MALA
body2022
DigiLaw.ai
JUDGMENT (Prayer: Appeal under Clause 15 of the Letters Patent against the order dated 17.11.2021 passed in W.P.No.15141 of 2021.) Munishwar Nath Bhandari, CJ. 1. The writ appeal has been filed to assail the order dated 17.11.2021, wherein the challenge to the order dated 2.6.2021 passed by the District Revenue Officer was not accepted. 2. The aforesaid order dated 2.6.2021 was passed by the District Revenue Officer on a revision petition filed by respondents 5 and 6. All the relevant facts were mentioned therein and the dispute pertains to Survey No.592/1C. The lands in Survey Nos.592/1B and 592/1C were subject-matter of acquisition proceedings, for which compensation was determined and passed on to the land holder. The appellants did not make a claim for compensation in respect of the land in Survey No.592/1C and the entries in the revenue records pertaining to the said land stand in the names of respondents 5 and 6. The District Revenue Officer so as the learned Single Judge found a dispute about the title and held that it can be adjudicated by the civil court. 3. Learned counsel for the writ appellants submits that the land in Survey No.592/1C was purchased by the writ appellants under a sale deed, but it was wrongly entered in the revenue records in the names of respondents 5 and 6. To fortify the argument aforesaid, a reference of the sale deed was given, but we do not find a reference of Survey No.592/1C. 4. The aforesaid is one part. However, to cover up the issue, it is stated that Survey No.592/1C was created from Survey No.592/1, which was purchased by the appellants. We do not find any document to prove the aforesaid and, therefore, serious disputed questions of fact are involved. That apart, even if we go by the claim made by the appellants, the dispute of title remains apparent on the face of the record and it cannot be determined in the writ proceedings. 5. In the light of the aforesaid, we do not find any error in the order passed by the learned Single Judge relegating the appellants to avail the remedy of civil suit, where the questions of fact can be determined and civil rights of the parties can be adjudicated effectively. Accordingly, the writ appeal is dismissed. However, we are maintaining the liberty given to the appellants to avail the remedy of civil suit.
Accordingly, the writ appeal is dismissed. However, we are maintaining the liberty given to the appellants to avail the remedy of civil suit. There will be no order as to costs. Consequently, C.M.P.No.10616 of 2022 is closed.