R RAJENDRAN Vs. S JOTHIMANI

JUDGEMENT

(1.) This Civil Revision Petition, which is in SR stage, has been filed to set aside the proceedings of the District Revenue Officer, Madurai in Na.Ka.No.G5/329/2016 dated 02.01.2018.

(2.) Learned counsel for the petitioner would submit that one Jothimani, respondent herein filed a suit in O.S.No.74 of 2011 on the file of District Munsif Court, Vadipatti, for bare injunction restraining the petitioner herein, his men and agents from interfering with his possession and enjoyment in the suit property. In the said suit, the petitioner filed written statement. According to the petitioner, the schedule mentioned property is his ancestral property which is in his absolute possession till date and the patta bearing No.379 also stands in his name. After hearing the arguments and after filing of the written submissions, the learned District Munsif, Vadipatti, has expressed that the suit itself is not maintainable for want of prayer of declaration over the title of the property in favour of the respondent. Therefore, the respondent has filed an application to amend the plaint which has been numbered as I.A.No.92 of 2015 and the petitioner resisted the said I.A. Ultimately, I.A.No.92 of 2015 was dismissed with cost vide order dated 27.08.2015. Challenging the said order, the respondent filed CRP(MD)No.2338 of 2015 and this Court by order, dated 28.10.2015, had granted interim stay in the said revision.

(3.) Learned counsel for the petitioner would further submit that in the meantime, it appears that the respondent had approached the District Revenue Officer, Madurai, with an application seeking cancellation of Patta No.379 issued in favour of the petitioner and to survey the property in Survey No.42/19 and to issue a fresh patta in his favour by making appropriate corrections in UDR which was numbered as Na.Ka.No.G5/329/2016, for which, the petitioner was summoned to appear on 27.05.2016. The petitioner had appeared through his counsel on 21.04.2017 and submitted his written statement denying the allegation and averments made in the petition filed by the respondent. Upon hearing the petitioner and learning about the pendency of the suit in O.S.No.74 of 2011 and CRP(MD)No.2338 of 2015, the District Revenue Officer, Madurai, has passed a docket order dated 21.04.2017, dismissing the application filed by the respondent. Thereafter, by submitting misleading facts, the respondent moved this Court in W.P(MD)No.18748 of 2017, seeking a prayer to expedite the proceedings before the District Revenue Officer, Madurai and that was allowed on 01.11.2017. Taking advantage of the order dated 01.11.2017 passed by this Court in W.P(MD)No.18748 of 2017, the respondent approached the District Revenue Officer, Madurai, for giving life to the disposed case in Na.Ka.No.G5/329/2016 and ultimately, by enquiry notice dated 02.01.2018, the petitioner was summoned to appear before the District Revenue Officer, Madurai, on 02.02.2018 at 000 p.m. Hence, the petitioner has filed this revision petition challenging the said notice.