Jayaseeli v. The Revenue Divisional Officer

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.5430 of 2025 and W.M.P(MD).No.3978 of 2025 Jayaseeli ... Petitioner Vs.

1. The Revenue Divisional Officer, Thiruchendur, Thoothukudi District

2. The Tahsildar, Thiruchendur Taluk, Thoothukudi District

3. Thangaraj ... 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 proceedings of the 1st respondent in A7/7632/2024 dated 11.01.2025 and quash the same and consequently direct the 1st and 2nd respondents to restore the original patta no. 257 in 1/4

the name of the petitioners husband Santhanakumar in respect of the property in S.No. 1014/36A at Kandhasamypuram Village Thiruchendur Taluk Thoothukudi District.

For Petitioner : Mr.S.Muthu Malai Raja For R1 and R2 : Mr.M.Lingadurai Special Government Pleader

ORDER

Mr.M.Lingadurai, learned Special Government Pleader takes notice on behalf of the respondents 1 and 2.

2. 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.

3. Though the petitioner has challenged the impugned order passed by the Revenue Divisional Officer in A7/7632/2024 dated 11.01.2025 raising several grounds, the said impugned order passed by the Revenue Divisional Officer is appealable to the District Revenue Officer, Thoothukudi. The petitioner is entitled to approach the appellate authority that has been prescribed under the Act and without resorting to the 2/4

effective and efficacious alternative remedy, the petitioner has straight away approached the Court by filing the present writ petition.

4. Considering the availability of an appeal remedy, this writ petition is disposed of with a direction to the petitioner to challenge the impugned order of the Revenue Divisional Officer dated 11.01.2025 before the District Revenue Officer, Thoothukudi.

5. Registry shall return the original impugned order which has been filed along with the writ petition, within a period of 1 week. The petitioner shall prefer the statutory appeal within a period of 4 weeks from the date of receipt of a certified copy of the impugned order from the Registry, and if such appeal is filed within the suit period, the same shall be entertained without raising the issue of limitation.

6. In view of the above, writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 28.02.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4

P.B.BALAJI , J.

rgm To

1. The Revenue Divisional Officer, Thiruchendur, Thoothukudi District

2. The Tahsildar, Thiruchendur Taluk, Thoothukudi District W.P.(MD).No.5430 of 2025 and W.M.P(MD).No.3978 of 2025 28.02.2025 4/4