K SWAMINATHA NAICKER Vs. DISTRICT REVENUE OFFICER THANJAVUR

JUDGEMENT

(1.) THE petitioners are the owners of the lands in question, Respondents 2 to 11 herein filed an application under S. 4(2) of the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, X of 1969 (hereinafter referred to as the ?Act?) before the Record Officer, Pattukottai, to record their names as cultivating tenants in respect of the lands in question. THE Tahsildar and Record Officer by order dated 30-6-1975 allowed the application filed by respondents 2 to 11 herein as prayed for i.e., allowed the application to record their names as cultivating tenants in the record of tenancy rights in respect of the lands in question. Aggrieved by the said order, the petitioners preferred an appeal before the appellate authority viz., the Revenue Divisional Officer, Pattukottai. THE appellate authority by order dated 28-10-1976 dismissed the appeal preferred by the petitioners herein. Aggrieved by the said order, the petitioners preferred a revision petition before the District Revenue Officer, Thanjavur, the Revisional Authority under the Act. THE District Revenue Officer, Thanjavur, by order dated 31-3-1977 set aside the order of the Tahsildar-cum-Record Officer as well as the Revenue Divisional Officer, and remitted the entire matter back to the Tahsildar-cum-Record Officer for fresh enquiry. THE Tahsildar-cum-Record Offieer on a consideration of the facts and materials on record, by order dated 20-1-1979 again allowed the application filed by respondents 2 to 11 herein to record their names in the approved record of tenancy rights. Aggrieved by the said order of the Tahsildar-cum-Record Officer, the petitioners preferred an appeal before the Appellate Authority viz., the Revenue Divisional Officer, Pattukottai. THE Revenue Divisional Officer, by order dated 30-1 1982 partly allowed the appeal preferred by the petitioners. Aggrieved by the said order in respect of the lands in respect of which the appeal was dismissed, the petitioners preferred a revision petition before the Revisional Authority on 3-7-1982 and since there was a delay of 55 days in filing the revision petition under S. 7 of the Act, the petitioner filed a petition to condone the delay of 55 days in filing the revision petition. THE Revisional Authority viz., the 1st respondent herein by the impunged order Na.Ka. 125249/82-Sa. 5 dated 28-2-1983 dismissed the petition for condoning the delay in filing the revision petition and the revision petition on the ground that there was no satisfactory supporting materials for condoning the delay of 55 days in preferring the revision petition and observed that there was no medical certificate produced by the petitioners for ailment stated to have been suffered by the first petitioner and that there was no supporting affidavit filed by the petitioners for condoning the delay. It is at this stage the petitioners have filed the above writ petition for the issue of writ of certiorarified mandamus to quash the order of the revisional authority viz., the first respondent herein dated 28-2-1935 in his proceedings Na.Ka. 125249/82, Sa. 5 and to direct the first respondent to consider and dispose of the revision petition filed by the petitioners on 3-7-1982 under S. 7 of the Act against the orders of the Revenue Divisional Officer, Pattukottai, the appellate authority, in his proceedings dated 30-1-1982 in respect of the lands in question.

(2.) DURING the pendency of the writ petition, respondents 2, 7 and 10 died and respondents 12 to 14 were impleaded as legal representatives of the deceased 2nd respondent and respondents 15 to 18 were impleaded as legal representatives of the deceased respondents 7 and 10 by an order of this court dated 30-1-1987 in W.M.P. No. 17211 of 1985.