Jayamani v. The Revenue Divisional Officer/Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-08-2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP Nos.14291 & 31603 of 2025 Jayamani W/o.Selvaraj, Kaikati Ration Shop Near, Sevur Post, Avinasi Taluk, Tirupur District.

Petitioner(s) Vs

1. The Revenue Divisional Officer/Sub Collector, Gobichettipalayam, Erode District.

2.A.Subramaniam S/o. Late Ammasai Gounder, Puthirakkan Kadu Thottam, Pattimaniyakaran Palayam (PO) Vemandapalayam (Village), Nambiyur Taluk 638 462.

3.C.Ponnappa Gounder 1/6

S/o. Chinna Gounder, Puthirakkan Kadu Thottam, Pattimaniyakaran Palayam (PO) Vemandapalayam (Village), Nambiyur Taluk 638 462.

4.R.Chinnammal D/o.Ramasamy, Puthirakkan Kadu Thottam, Pattimaniyakaran Palayam (PO) Vemandapalayam (Village), Nambiyur Taluk 638 462.

5.R.Rajamani D/o.Ramasamy, Puthirakkan Kadu Thottam, Pattimaniyakaran Palayam (PO) Vemandapalayam (village), Nambiyur Taluk-638 462.

Respondent(s) PRAYER: This writ petition filed under Article 226 of the Constitution of India for issuance of a writ of certiorari, calling for the records pertaining to the Impugned Order passed by the 1st Respondent dated 19.02.2025 having reference Na.Ka.No.5158/2024/A4 and to quash the same and pass. For Petitioner(s):

Ms.N.Mohanapriya For Respondents:

Mr.A.Selvendran Special Government Pleader for R1 Mr.D.Veerasekaran For R2, R4 and R5 R3-Deceased 2/6

ORDER

Challenging the impugned order dated 19.02.2025 passed by the first respondent, the petitioner had filed the present writ petition.

2. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for the first respondent, that an appeal has been filed by the petitioner vide Na.Ka.No.6977/2025/U2 dated 02.04.2025, challenging the impugned proceedings dated 19.02.2025 and the same is pending consideration before the District Revenue Officer, Erode. It is also submitted that the present writ petition ought not to be entertained, as it would be permitting parallel remedy is being availed of.

3. He would further submit that the appeal preferred by the petitioner vide Na.Ka.No.6977/2025/U2 dated 02.04.2025, would be considered and appropriate orders would be passed, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner. 3/6

4. This Court finds that there is a merit in the above submission and hence, this Court is inclined to issue the following directions: (i) The Appellate Authority shall consider the appeal dated 02.04.2025 filed by the petitioner, after issuing notice and affording a reasonable opportunity of hearing to the petitioner as well as the private respondents 2 to 5 including rival claimants, if any.

(ii) Though facts have been set out in affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and law set out in the appeal and pass appropriate order in accordance with law. (iii) The petitioner's appeal dated 02.04.2025 shall be disposed of within a period of six (6) weeks from the date of uploading of web copy without waiting for the receipt of certified copy.

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5. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous petitions are closed. 19-08-2025 jd Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Revenue Divisional Officer/Sub Collector, Gobichettipalayam, Erode District.

2. The District Revenue Officer, Erode.

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MOHAMMED SHAFFIQ J.

jd 19-08-2025 6/6