N DHANDAPANI Vs. SELVIN ALIAS SELVAM

JUDGEMENT

(1.) An interesting question arises for consideration in this transfer petition. The petitioner prays for an order to transfer Revision Petition (Pa. Ma.) 22/99/A4, pending on the file of District Revenue Officer (Revenue Court), Dindigul to any other Revenue Divisional Officer (Revenue Court) in any other district. The present petition for transfer has been filed under S. 24 of the Code of Civil Procedure.

(2.) Before considering the present claim of the petitioner, it is useful to refer the case of both parties. According to the petitioner, he is in possession and enjoyment of 288 sq. feet of land in S.F. 129/A-1 in Oddanchatram village. He put up a construction in the said land some 25 years ago wherein he is running a tea shop. Like him, there are a number of persons who are also in occupation of small portion of land in the said S.F. No. and have also put up construction therein for running petty shops. He continues to pay water tax, house tax, electricity charges etc., to the local body.

(3.) Due to their long and continuous occupation of the land, they submitted an application to the Zonal Deputy Tahsildar, Oddanchatram for issue of joint patta with respect to the lands wherein they, the petty shop owners are in occupation. After verifying the entire records and after inspecting the physical feature of the lands, the Zonal Deputy Tahsildar, Oddanchatram in his proceedings dated 29-10-1997 issued joint Patta No. 1078 in S. No. 129/A-1 to about 17 persons including the petitioner. It is further stated that while so, the Tahsildar without issuing notice or holding any enquiry, in his suo motu proceedings dated 11-3-1998, cancelled the patta No. 1078 granted to them. Aggrieved by the order of the Tahsildar, the petitioner and others preferred an appeal to the Revenue Divisional Officer, Palani, who in his proceedings dated 23-5-1999 allowed the appeal by restoring the order of the Zonal Deputy Tahsildar, Oddanchatram dated 29-10-1997 and set aside the order of the Tahsildar, Oddanchatram dated 11-3-1998. Aggrieved by the order of the Revenue Divisional Officer, one Selvin alias Selvam preferred a revision to the District Revenue Officer, Dindigul claiming that he is the owner of the entire land in S.F. No. 129/A-1. The District Revenue Officer without hearing him, in his proceedings dated 1-6-1999 granted stay of the order of the Revenue Divisional Officer, Palani. It is further stated that taking advantage of the order of the District Revenue Officer, the said Selvan was taking all efforts to remove the superstructure put up by the petitioner. Therefore, the petitioner filed a writ petition before this Court in W.P. 11213/99 and the same was disposed of by this Court on 1-7-1999 with directions. It is further stated that the rival party being related to ruling political party M.L.A., and also close nexus with the Ministers openly telling that the petitioner cannot get any favourable order, accordingly he apprehends that he will not get justice from the District Revenue Officer. In such a circumstance, he has filed the present petition for transfer.