K. Akilan v. The Special Deputy Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI K. Akilan ... Petitioner /Vs./

1. The Special Deputy Collector Revenue Court, Madurai Collectorate Campus, Madurai.

2. The Thasildar Madurai North, Madurai Collectorate Campus, Madurai.

3. K.R. Usharani

4. K.Cheliyan

5. T.Kavitha

6. S.Sangeetha

7. K.Chollan ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the first respondent in Appeal No. 5/2023 dated 1/4

30.10.2024 quash the same and consequently direct the first Respondent to register the name of the petitioner and the respondent 4 to 7 as the cultivating tenant for the land in S.No. 22/1C Kalikappan Village, Madurai District measuring 2 acres.

For Petitioner : Mr.V.Chandrapandi For R1 & R2 : Mr.B.Saravanan Additional Government Pleader

ORDER

The petitioner challenges the proceedings of the first respondent in Appeal No.5 of 2023 dated 30.10.2024.

2. The learned Additional Government Pleader, Mr.B.Saravanan, at the outset submits that the appeal remedy is available under the statute by way of appeal before the District Revenue Officer concern and therefore, he submits that the present writ petition cannot be entertained.

3. I have gone through the impugned order and I have find that the first respondent passed a detailed order, after affording an opportunity to the petitioner and there cannot be any complaint of violation of 2/4

principles of natural justice enable this Court to entertain the writ petition, despite the availability of alternative remedy.

4. In such view of the matter, the Writ Petition stands dismissed with liberty to the petitioner to approach the concern District Revenue Officer, by way of statutory appeal. The petitioner is granted two weeks time from the date of receipt of copy of this order, to prefer the statutary appeal and if it is filed within the period of two weeks, without citing limitation against the petitioner, the District Revenue Officer concern shall take up the appeal and dispose of the same on merits within a period of eight weeks thereafter. No costs.

Index : Yes / No NCC : Yes / No 05.02.2025 LS TO:-

1. The Special Deputy Collector Revenue Court, Madurai Collectorate Campus, Madurai.

2. The Thasildar Madurai North, Madurai Collectorate Campus, Madurai.

3/4

P.B. BALAJI , J.

LS Order made in Dated:

05.02.2025 4/4