LAWS(MAD)-1976-11-60

K M SANKARALINGA THEVAR Vs. THIRUMALAMMAL AND ORS

Decided On November 01, 1976
K M Sankaralinga Thevar Appellant
V/S
Thirumalammal And Ors Respondents

JUDGEMENT

(1.) This appeal is preferred by one Sankaralinga Thevar against the judgment of Ismail, J., in W.P. No. 2075 of 1974 dismissing his petition for the issue of a writ of certiorari to quash the order of the District Revenue Officer dated 20th April, 1974 confirming that of the Revenue Divisional Officer, dated 7th December, 1973.

(2.) The appellant applied to the Specia Tahsildar (Tenancy Records) and Records Officer for his name to be included as a tenant in respect of the lands in question. The Records Officer allowed the petition ex parte as the civil Court had declared the appellant as tenant of the lands on due enquiry and under the documents. In the result, the appellant Sankaralinga Thevar was included as a tenant of the lands of the counter petitioners (respondents 1 to 3 herein). The counter petitioners (landlords) fled an appeal before the Revenue Divisional Officer, namely, the Appellate Authority. The Appellate Authority held that the decision of the Records Officer having included Sankaralinga Thevar, the present appellant before us, as a tenant of the lands is not correct. He set aside the order of the Records Officer.

(3.) The revision to the District Revenue Officer by the tenant Sankaralinga Thevar (Appellant) failed. The appellant, therefore, filed the writ petition which was dismissed in limine at the admission stage.