Abid Basha v. G. Ashok Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-02-2026

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE SHAMIM AHMED AND CMP Nos. , 58, 61, 63, 83, 84 and 85 of 2026 Abid Basha ..Appellant in both W.As.

Vs

1. G. Ashok Kumar

2. Peruma

3. The State of Tamil Nadu Rep. by Additional Secretary to Government, Fort St. George, Chennai-09.

4. The District Collector

5. The District Revenue Officer

6. The Revenue Divisional Officer

7. The Tahsildar Dharmapuri Taluk, Dharmapuri District,Dharmapuri.

8. The Village Administrative Officer Nallanahalli, Dharmapuri Taluk, Dharmapuri District.

9. The Sub Registrar Joint II Dharmapuri.

..Respondents in W.A.

1. Sekar

2. Krishnamoorthi

3. Suresh

4. The State of Tamil Nadu Rep. by Chief Secretary to Government, Fort St. George, Chennai-09.

5. The District Collector Dharmapuri District, Dharmapuri.

6. The District Revenue Officer Dharmapuri District, Dharmapuri.

7. The Revenue Divisional Officer

8. The Tahsildar Dharmapuri Taluk, Dharmapuri District, Dharmapuri.

9. The Village Administrative Officer Nallanahalli, Dharmapuri Taluk, Dharmapuri District.

..Respondents in W.A.No.6 of 2026 Prayer in W.A.No.3 of 2026 : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 23.07.2024 passed in W.P.No.6670 of 2022

Prayer in WA No. 6 of 2026 : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 23.07.2024 passed in W.P.No.12691 of 2022. For Appellant :

Mr.R.Balaramesh For Respondents :

No appearance - for R1 Ms.Akila Rajendran Government Advocate for R9 in W.A.3/2026 Mr.T.K.Saravanan Additional Government Pleader for RR 3 to 8 in W.A.3 of 2026 and for RR 4 to 9 in W.A.6 of 2026 Judgment (Judgment of the Court was delivered by R.Suresh Kumar J.) These intra Court appeals are directed against the order passed by the Writ Court dated 23.07.2024 made in W.P.No.6670 of 2022 and W.P.No.12691 of 2022 respectively.

2. In fact, the order impugned dated 23.07.2024 was a common order passed in three writ petitions including two writ petitions against which the present appeals have been filed. One more writ petition in W.P.No.9675 of 2023 also was disposed of in the said common order. Against the said writ petition order, already an intra Court appeal has been filed by the very same appellant in W.A.No.3698 of 2025 and the same came to be dismissed by a Division Bench of this Court, of which one of us (R.Suresh Kumar, J.) was a party by order dated 04.12.2025. The operative portion of the order reads thus,

"

18. As rightly held by the learned Single Judge, if the petitioner has grievance with the order passed by the Assistant Settlement Officer at Dharapuram and by the appellate authority, then he has to agitate the same in the pending Special Tribunal Appeals and not approach the revenue authorities and obtain patta. This Court, while deciding the Special Tribunal Appeals, is vested with the power to set aside the orders of the Inam Abolition Tribunal and the Assistant Settlement Officer. The revenue authorities cannot interfere with the order passed by the Inam Abolition Tribunal. Such an exercise by the revenue authorities is ex-facie ultra vires. It was in those circumstances that the learned Single Judge rightly interfered with the said order.

19. For the reasons set forth above, we do not find any reasons to differ from the view taken by the learned Single Judge. The writ appeal is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

20. Needless to add, in case the appellant succeeds in the Special Tribunal Appeals pending before the said Division Bench of this Court, it is always open to him to approach the revenue authorities and seek for revenue patta on the basis of the said orders."

3. In view of the same, the present appeals also have to face the same fate. Accordingly, the present writ appeals are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (R.S.K.,J.) (S.S.A.,J.) 04-02-2026 Index: Yes/No Speaking/Non-speaking order KST To

1. The Chief Secretary to Government, Fort St. George, Chennai-09.

2. The District Collector, Dharmapuri District, Dharmapuri.

3. The District Revenue Officer, Dharmapuri District, Dharmapuri.

4. The Revenue Divisional Officer

5. The Tahsildar, Dharmapuri Taluk, Dharmapuri District, Dharmapuri.

6. The Village Administrative Officer Nallanahalli, Dharmapuri Taluk, Dharmapuri District.

7. The Sub Registrar Joint II Dharmapuri.

R.SURESH KUMAR J.

AND SHAMIM AHMED J.

KST WA Nos. 3 & 6 of 2026 04-02-2026