V THIAGARAJAN Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

(2.) THE petitioner has stated that his father Vedaiya THEvar had died, on 4.4.96, leaving behind the petitioner and his mother, Rukmani Ammal, as his only legal heirs. THE petitioner's father was employed as a teacher. He had executed a Will, dated 25.2.96, bequeathing the land and the building comprised in S.No.181/4A, admeasuring 03 cents situated in Hospital Road lane, Tiruthuraipoondi Town, Tirvarur District, in favour of the petitioner. During his life time the petitioner's father had an illegitimate intimacy with the fourth respondent Kiliammal, who was also a teacher. THE petitioner's father had also owned the land bearing No.6-A, Munsif Court Lane, Tiruthuraipoondi Town, which he had purchased by a registered sale deed, dated 30.4.78. THE fourth respondent had illegally influenced the officials of the Tiruthuraipoondi Town and she had got the said property registered in her name. THErefore, the petitioner had filed a suit in O.S.No.280 of 1998, before the Subordinate Court at Nagapattinam, for a declaration, declaring the transfer of the property in the name of Kiliammal is invalid in law and for certain other reliefs. THE Subordinate Judge, Nagapattinam, had granted a decree in favour of the petitioner, on 3.4.2000. In spite of the said decree, the Tiruthuraipoondi Town Panchayat had transferred the ownership of the property in favour of the fourth respondent.

(3.) IN the meantime, the petitioner had filed a comprehensive suit in O.S.No.120 of 1999, before the Sub Court, Nagapattinam, for the reliefs of declaration, recovery of possession and for mesne profits, against the fourth respondent. After the fourth respondent had filed her written statements, the said suit had been transferred to the Sub Court at Tiruvarur, and re-numbered as O.S.No.298 of 2000 and it is still pending on the file of the said Court. While so, the first respondent had taken up the revision petition for enquiry and disposed of the same, by passing a final order, in Rc.No.15887/99/B.1, dated 11.12.2000, setting aside the order passed by the second respondent. Aggrieved by the order of the first respondent, dated 11.12.2000, the petitioner has filed the present writ petition before this Court, under Article 226 of the Constitution of INdia.