Sundaramoorthy.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI and W.M.P.(MD)No.2194 of 2024 S.Sundaramoorthy : Petitioner Vs.

1.The District Collector, Collector Office, Virudhunagar District.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Thasildhar, Aruppukottai Taluk, Aruppukottai, Virudhunagar District.

4.S.Arumugam 5.A.Varalakshmi 6.K.Kalavathi 7.K.Satheshkumar 1/6

8.K.Balachandar 9.K.Rekha : Respondents PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 3rd respondent vide his proceedings in T.R.

2022/26/06/001681SD dated 25.01.2022 the impugned order in T.R. 2022/0103/26/144107TR dated 31.01.2022 which was later on transferred automatically vide impugned order in T.R. 2023/0103/26/192659TR dated 19.04.2023 and quash the same as illegal and further direct the 3rd respondent to restore the joint patta in patta No.2503 pertaining to Survey no. 34/8 of Palayampatti Village, Aruppukottai Taluk, Virudhunagar District by considering the petitioner's representation dated 14.12.2023. For Petitioner : Mr.R.L.Dhilipan Pandian For Respondents 1 to 3 : Mrs.S.Jeyapriya Government Advocate For Respondents 4 & 5 : Mr.I.Suthakaran 2/6

O R D E R

Though the petitioner challenges the orders of the third respondent dated 25.01.2022, 31.01.2022 and 19.04.2023 and seeks to restore joint patta in respect of Patta No.2503, pertaining to S.No. 34/8, it is seen from the typed set of papers that apart from approaching this Court, the petitioner also availed of the statutory remedy available under the Patta Pass Book Act, by approaching the Revenue Divisional Officer even as early as in December, 2023. 2.Considering the said appeal is pending enquiry, it would not be appropriate for this Court to interfere and exercise jurisdiction under Article 226 of the Constitution of India. 3.

In fine, the Writ Petition is disposed of, directing the Revenue Divisional Officer, to conclude the enquiry pending on his file, after affording opportunity to the interested parties and pass final orders in accordance with law and on merits within a period of eight [8] weeks from the date of receipt of a copy of this order. Subject to the decision of the Revenue Divisional Officer, necessary mutations shall take place. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

4.Considering the fact that the petitioner has been enjoying the benefit of interim order, till disposal of the proceedings before the Revenue Divisional Officer, the said interim order shall be in force.

04.04.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To 1.The District Collector, Collector Office, Virudhunagar District.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Thasildhar, Aruppukottai Taluk, Aruppukottai, Virudhunagar District.

5/6

P.B.BALAJI.

, J.

MR 04.04.2025 6/6