Case Note & Summary
The petitioner, S. Kamaraj, filed a Writ Petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, seeking a Writ of Mandamus to direct the first respondent, the District Revenue Officer of Karur, to number the revision petition filed by the petitioner on 4.11.2024 under Section 7 read with Rule 13 of the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969, and to dispose of the same within a stipulated time. The petitioner also sought a consequential direction to the second respondent, the Special Deputy Collector of Revenue Court, Tiruchirappalli, not to execute its order dated 8.10.2024 until the disposal of the revision. The petitioner had filed the revision before the first respondent on 4.11.2024, and also filed an interim application for stay on 23.11.2024. However, the first respondent did not number the revision petition or the interim application. Meanwhile, the fourth respondent initiated execution proceedings to enforce the order of the second respondent, prompting the petitioner to approach the High Court. The court noted that the revision had been pending without numbering since 4.11.2024. Considering the delay, the court directed the first respondent to consider the revision petition within the timeline stipulated in the Circular dated 17.07.2023 issued by the Commissioner of Land Administration, and to consider the interim application for stay as expeditiously as possible. The writ petition was disposed of with these directions.
Headnote
A) Administrative Law - Mandamus - Numbering of Revision Petition - Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969, Section 7 r/w Rule 13 - Petitioner filed revision on 4.11.2024 before the District Revenue Officer, but the officer failed to number the petition or consider the interim stay application. The Court directed the officer to number and dispose the revision within the timeline stipulated in the Circular dated 17.07.2023 issued by the Commissioner of Land Administration, and to consider the interim application expeditiously. (Paras 3-4)
Issue of Consideration
Whether the District Revenue Officer is obligated to number and consider a revision petition filed under Section 7 read with Rule 13 of the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969, and whether interim protection should be granted pending disposal of the revision.
Final Decision
The court directed the first respondent to consider the petitioner's revision petition dated 4.11.2024 within the timeline stipulated in the Circular dated 17.07.2023 issued by the Commissioner of Land Administration, and to consider the interim application for stay as expeditiously as possible. The writ petition was disposed of accordingly.
Law Points
- Mandamus
- Revision petition numbering
- Interim stay
- Tamil Nadu Agricultural Lands Record of Tenancy Rights Act
- 1969
- Section 7
- Rule 13
- Circular dated 17.07.2023
Case Details
2025 LawText (MAD) (01) 55
For Petitioner: Mr. R. Devaraj; For Respondents 1 to 3: Mr. R. Raghavendran, Government Advocate
1. The District Revenue Officer, Thanthondrimalai, Karur Taluk, Karur District; 2. The Special Deputy Collector of Revenue Court, Tiruchirappalli; 3. The Revenue Tahsildar, Karur Taluk, Karur District; 4. C. Ramesh
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Nature of Litigation
Writ Petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct the first respondent to number and dispose of a revision petition and to stay execution of an order.
Remedy Sought
Petitioner sought direction to the first respondent to number the revision petition filed on 4.11.2024 and dispose of it within a stipulated time, and to direct the second respondent not to execute its order dated 8.10.2024 until disposal of the revision.
Filing Reason
The first respondent failed to number the revision petition and interim application filed by the petitioner, and the fourth respondent initiated execution proceedings to enforce the order of the second respondent.
Previous Decisions
The second respondent passed an order dated 8.10.2024, which the petitioner challenged by filing a revision before the first respondent on 4.11.2024.
Issues
Whether the first respondent is obligated to number and consider the revision petition filed under Section 7 r/w Rule 13 of the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969.
Whether the petitioner is entitled to interim protection pending disposal of the revision.
Submissions/Arguments
Petitioner argued that the revision petition filed on 4.11.2024 and the interim application filed on 23.11.2024 were not numbered by the first respondent, and execution proceedings were initiated by the fourth respondent.
Respondents 1 to 3, represented by the Government Advocate, took notice and consented to final disposal.
Ratio Decidendi
The court held that when a revision petition is filed under the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969, the authority is obligated to number and consider it within a reasonable time, and interim applications should be dealt with expeditiously to prevent prejudice to the petitioner.
Judgment Excerpts
Considering the fact that the Petitioner’s revision filed as early as on 4.11.2024 is pending without even numbering the same, I am inclined to issue a direction to the first respondent to consider the Petitioner’s revision petition, dated 4.11.2024 within the timeline stipulated in the Circular issued by the Commissioner of Land Administration, dated 17.07.2023.
The first respondent is further directed to consider the interim application filed by the Petitioner for stay, as expeditiously as possible.
Procedural History
The petitioner filed a revision under Section 7 r/w Rule 13 of the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969 before the first respondent on 4.11.2024, and an interim application for stay on 23.11.2024. The first respondent did not number the revision or the interim application. The fourth respondent initiated execution proceedings to enforce the order of the second respondent dated 8.10.2024. The petitioner then filed the present writ petition on an unspecified date, which was taken up for final disposal at the admission stage with consent of both parties.
Acts & Sections
- Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969: Section 7, Rule 13
- Constitution of India: Article 226
