P V RAMAKRISHNAN Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) WITH consent of the learned counsel on either side the writ petition is taken up for final disposal. Heard the learned counsel for the petitioner, learned Government Advocate for respondents 1 to 3 and the learned counsel for the fourth respondent.

(2.) THIS writ petition is directed against the order of the second respondent, the Revenue Divisional Officer, Coimbatore, dated 11. 06. 2008. The facts of the case appears to be that the petitioner as well as the fourth respondent have purchased certain extent of properties from their previous owner-P. V. Ranganathan, being the proprietor of M/s. Srividya Engineering Industries Limited. The petitioner?s wife as well as the fourth respondent have purchased the property under a registered sale deed dated 10. 03. 2004. The petitioner?s wife purchased an extent of 30 cents of punja land in Survey No. 331/2 B with patta No. 129 at Kalipatti Village, Coimbatore Taluk, which form a part of the larger extent of 3. 60 acres. The said petitioner?s wife appears to have executed a deed of settlement in favour of the petitioner on 07. 03. 2008 transferring the said property purchased by her from P. V. Ranganathan. In the schedule to the said settlement deed, it is seen that in addition to 30 cents of property which she has purchased under the sale deed dated 10. 03. 2004, she has also transferred another 10 cents of land stated to be on the northern side stating that the same has been in her occupation. Based on the said settlement deed dated 07. 03. 2008 and on the petitioner approaching the third respondent, it appears that the third respondent, Tahsildar, has sub-divided the property and issued patta in favour of the petitioner on 19. 03. 2008 to an extent of 40 cents of land. It was as against the said order of Tahsildar, dated 19. 03. 2008, the fourth respondent, who has purchased the property from his Vendor and who in turn has purchased from P. V. Ranganathan in the year 2007, which is on the northern side of the petitioner?s property, filed an appeal before the District Revenue Officer, Coimbatore, the first respondent herein. The District Revenue Officer, Officer, has forwarded the papers on 26. 05. 2008 to the Revenue Divisional Officer, Coimbatore, the second respondent herein, who is the proper Appellate Authority. It was thereafter the Revenue Divisional Officer the second respondent herein has passed an order dated 11. 06. 2008, setting aside the order of the Tahsildar and granting sub-division to the petitioner as well as the fourth respondent based on the parent documents. Accordingly the second respondent has directed the sub-division of the property by granting 30 cents to the petitioner. The challenge to this impugned order of the second respondent is that the second respondent before passing the impugned order has not given sufficient opportunity to the petitioner to defend himself.

(3.) LEARNED counsel for the petitioner relied upon a portion of the impugned order wherein it is seen that the petitioner and his wife have gone abroad and during that time one Mr. D. Kuppusamy who is stated to be in possession of the property has received the notice from the second respondent and has appeared before the second respondent. However, the second respondent has not taken the appearance of the said D. Kuppusamy for the reason that he was unable to produce any authority for appearing on behalf of the petitioner and his wife. Therefore, according to the learned counsel for the petitioner, the second respondent has not given sufficient opportunity and if only due opportunity was given to the petitioner and his wife, they would have proved their claim of ownership to the extent of 10 cents apart from the 30 cents which is available as per the parent document. A reference to the said impugned order makes is clear that it is true that opportunity was not given even though the second respondent has relied upon the parent documents and has come to the conclusion that as per the documents he would be entitled only for 30 cents.