T R RAVICHANDRAN Vs. REVENUE DIVISIONAL OFFICER, COONOOR

JUDGEMENT

(1.) This Writ Petition has been filed challenging the order of Sub Division passed by the second respondent dated 27.02.2013 and for a direction to the first respondent to depute some other Officer in the rank of Tahsildar to hold a fresh enquiry.

(2.) The case of the petitioner is that the lands comprised in R.S.No.3910 now T.S.No.E6/110 in Udhagamandalam Town, Nilgiris District, measuring 0.04 2/16 acres was originally belonged to his grandfather Kailasam PIllai by virtue of a registered sale deed dated 31.05.1944. In a family partition, the land was allotted to the petitioner and the fifth respondent has no right or title over the property. The second respondent based on his application ordered sub division of the property on 20.12006. The order of the second respondent was challenged by the fifth respondent in an Appeal before the first respondent. The first respondent, by his proceedings dated 14.09.2008 cancelled the sub division. Aggrieved over the same, the petitioner preferred a revision before the District Revenue Officer, Udhagamandalam.

(3.) According to the petitioner, the District Revenue Officer partly allowed the revision and remanded the matter back to the second respondent for fresh enquiry. The petitioner would allege that the fifth respondent, who claims to have purchased the property in question in the year 1983, but started interfering with his possession only on 07.06.2007 and 30.06.2007 and hence, he filed a suit in O.S.No.190 of 2008 before the District Munsif Court, Udhagamandalam, seeking permanent injunction. In the meanwhile, the fifth respondent submitted a letter to the second respondent requesting for sub division and suppressing the pendency of the suit, filed a Writ Petition in W.P.No.13420 of 2011 for issuance of Writ of Mandamus, directing the respondents to dispose of her representation dated 27.04.2011.