P. KARMEGAM Vs. COMMISSIONER OF LAND ADMINISTRATION

JUDGEMENT

(1.) This writ petition has been filed praying that this Court may be pleased to issue a writ of Certiorari to call for the records pertaining to the impugned order in Ref. No. K4/7401/2012, dated 21.03.2012 and consequential order of stay passed on 21.03.2012 by the first respondent by way of suo motu review under RSO No. 31-8(A) of the fourth respondent's proceedings and quash the same as illegal and unconstitutional.

(2.) Brief facts leading to the filing of the writ petition, would run thus:

(3.) Mr. G.R. Swaminathan, learned Counsel for the petitioner submitted that the first respondent has no jurisdiction to pass the impugned order and that as per the G.O. Ms. No. 409, Revenue SSI(1) Department, dated 02.07.2008, the revisional powers of the first respondent had been withdrawn. He further submitted that the first respondent had not considered the fact that the suit filed by the petitioner had been pending and that there was an interim order of injunction granted by the trial Court and that the fifth respondent ought to have adjudicated the issue before the trial Court in the pending suit. He also brought to the notice of this court that mutation of records had taken place much before passing of the impugned order. Therefore, he prayed for setting aside the impugned order.