V.Mathiyalagan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P(MD)Nos.2554 and 2555 of 2025 V.Mathiyalagan ... Petitioner Vs.

1.The District Collector, Collectorate Campus, 2.The District Revenue Officer, O/o.The District Revenue Office, Thanthonimalai, Karur District.

3.The Revenue Divisional Officer, O/o.The Revenue Divisional Office, 4.The Thasildar, O/o.The Thasildar Office, Pugalur, Karur District.

5.R.Thiruvenkatam 6.M.Jayasuriya ... Respondents (R6 is impleaded vide Court order dated 02.04.2025 in W.M.P(MD) No.6360 of 2025 in W.P(MD) No.3610 of 2025)

Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to call for the records relating to the impugned order passed by the fourth respondent in his proceedings in e.f.vz;.m2/3042/2014 dated 29.01.2025 and quash the same as illegal.

For Petitioner : Mr.V.Karthikraja for M/s.Ajmal Associates For R1 to R4 : Mrs.K.Malathi Additional Government Pleader For R5 : Mr.AN.Ramanathan For R6 : Mr.R.Geethanjali

ORDER

This writ petition is filed challenging the enquiry notice issued by the fourth respondent dated 29.01.2025 in response to the application filed by the fifth respondent seeking issuance of patta in his name. 2.Heard the arguments of Mr.V.Karthikraja, learned counsel appearing for the petitioner, Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents 1 to 4,

Mr.AN.Ramanathan, learned counsel appearing for the fifth respondent and Mr.R.Geethanjali, learned counsel appearing for the sixth respondent. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself. 3.It is the case of the petitioner that the fifth respondent herein moved the fourth respondent and obtained an order of issuance of joint patta. The said order was challenged by the petitioner before the third respondent in an appeal. However, the said appeal was dismissed by the third respondent. In the meantime, the fifth respondent filed a writ petition in WP(MD)No.24839 of 2023, seeking a direction to the fourth respondent to consider his application for subdivision and issuance of separate patta.

The said writ petition was allowed by this Court by directing the fourth respondent to consider the application submitted by the fifth respondent seeking issuance of separate patta, after issuing notice to all the interested parties. Pursuant to the directions issued by this Court, the fourth respondent herein issued impugned enquiry notice, calling upon the petitioner and others to appear for an enquiry.

the revision is pending on the file of the District Revenue Officer challenging the order passed by the third respondent. 4.The learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that the second respondent/District Revenue Officer already disposed the revision filed by the petitioner in his proceedings in g.K.rp1/1060/2025> dated 16.06.2025. 5.It is also stated by the learned Additional Government Pleader that order of the District Revenue Officer was sent to the petitioner by way of registered post and the same was returned with an the endorsement 'door locked'. He further stated that a copy of the order of the District Revenue Officer is handed over to the learned counsel for the petitioner today. The said statement is recorded. 6.Since the revision filed by the petitioner against the second respondent was already disposed of, there cannot be any impediment for the fourth respondent to consider application submitted by the fifth respondent. The impugned order is only a notice issued to the petitioner,

calling upon him to appear for an enquiry to consider the application submitted by the fifth respondent seeking issuance of separate patta. The said notice was issued pursuant to the directions issued by this Court in WP(MD) No.24839 of 2023. Therefore, this Court is not inclined to entertain this writ petition and the petitioner is at liberty to appear before the fourth respondent for the enquiry and submit his objections. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 05.08.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The District Collector, Collectorate Campus, 2.The District Revenue Officer, O/o.The District Revenue Office, Thanthonimalai, Karur District.

S.SOUNTHAR ,J cp 3.The Revenue Divisional Officer, O/o.The Revenue Divisional Office, 4.The Thasildar, O/o.The Thasildar Office, Pugalur, Karur District.

Dindigul District.

W.P.(MD)No.3610 of 2025 Dated: 05.08.2025