Madras High CourtWP(MD)/5416/2025disposed of

Malathi v. The Tahsildar

2025-02-28Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2025

CORAM:

THE HON'BLE MR.JUSTICE P.B. BALAJI W.P.(MD).No.5416 of 2025 Malathi ... Petitioner Vs.

The Tahsildar, Palani Taluk, Dindigul District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondent to give effect to the order passed by the Revenue Divisional Officer Palani made in Na.Ka.No.2569/2024/A6 dated 27.07.2024 by restoring the house site Patta for Plot No. 222 in the name of the petitioner for an extent of 1 Ares corresponding to 2.5 cents in Survey No. 38/2B2 with New Survey No. 38/363 situated at Melakottai Village, Palani Taluk. For Petitioner : Mr.D.Venkatesh For Respondent : Mr.M.Lingadurai Special Government Pleader 1/4

ORDER

Mr.M.Lingadurai, learned Special Government Pleader takes notice on behalf of the respondent.

2. The petitioner has filed the instant writ petition, seeking issuance of writ of mandamus to direct the respondent to implement the orders of the Revenue Divisional Officer in Na.Ka.No.2569/2024/A6 dated 27.07.2024 by restoring the house site patta in the name of the petitioner.

3. The learned counsel appearing for the petitioner would submit that in and by proceedings dated 27.07.2024, the Revenue Divisional Officer after conducting a detailed enquiry has passed an order in favour of the petitioner and the same has attained finality. In order to implement the said order, the petitioner has made a representation to the respondent on 13.02.2022. However, the respondent has not acted upon the said representation and hence, the petitioner has filed the instant writ petition.

4. Considering the limited scope of relief sought for in the writ petition, with the consent of the learned counsel on either side, the writ petition is taken up for final disposal.

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5. Though one Kanagambal was aggrieved by the order of the Revenue Divisional Officer dated 27.07.2024, it is seen that there is no further challenge to the said order by the aggrieved party and the order of the Revenue Divisional Officer has become final. Therefore, the Tahsildar who is subordinate to the Revenue Divisional Officer is bound to implement the order of the superior officer.

6. In view of the above, writ petition is disposed of with the direction to the respondent to implement the order passed by the Revenue Divisional Officer dated 27.07.2024, subject to verifying whether any appeal has been preferred by the aggrieved party. The said exercise shall be competed within a period of eight weeks from the date of receipt of a copy of this order. No costs.

28.02.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4

P.B.BALAJI , J.

rgm To The Tahsildar, Palani Taluk, Dindigul District.

W.P.(MD).No.5416 of 2025 28.02.2025 4/4