E.Chithan v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI and W.M.P(MD)No.4693 & 4694 of 2025 E.Chithan ... Petitioner /Vs./ 1.The District Revenue Officer Tuticorin District, Tuticorin.

2.The Revenue Divisional Officer Kovilpatti, Tuticorin District.

3.The Thasildar Kovilpatti Taluk, 4.Kanagaraj 5.Venkadasamy

6. G.Seenivasan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the 2nd respondent proceeding in Ni.Mu.A2 10074/2024 dated 1/5

28.11.2024 and quash the same and consequently direct the 3rd respondent to restore the petitioners name in the joint patta regarding the land in S.No.259/4C situated at Idaiseval-I Village, Kovilpatti Taluk, For Petitioner : Mr.A.Srinivasan For R1 to R3 : Mr.S.Kameswaran Government Advocate

ORDER

The petitioner challenges the impugned order of the second respondent, dated 28.11.2025.

2. When the matter is taken up for admission, the learned Government Advocate Mr.S.Kameswaran would bring to my notice that the petitioner has already filed a statutory appeal on 11.12.2024 before the District Revenue Officer and the same is pending.

3. The learned counsel for the petitioner states that in order to avoid the limitation, the said appeal has been filed. He would further state that the copy of the appeal is enclosed along with typed set of papers.

4. In view of the above, when the petitioner has already availed of the statutory remedy available, it would not be proper to 2/5

exercise the jurisdiction under Article 226, especially, when there is no allegation of any violation of principles of natural justice.

5. In such view of the matter, the writ petition is disposed of with a direction to the first respondent to consider on merits and dispose of the petitioner's appeal within period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity to the parties concerned. It is brought to my notice that pursuant to the impugned order, patta has been mutated in the name of the private respondent. Until disposal of the appeal before the first respondent, there should be no further mutation of records and any mutation shall be subject to the final decision of the first respondent. The petitioner is at liberty to examine his vendor. No costs. Consequently, connected miscellaneous petitions are closed.

Index : Yes / No NCC : Yes / No 11.03.2025 am 3/5

To 1.The District Revenue Officer Tuticorin District, Tuticorin.

2.The Revenue Divisional Officer Kovilpatti, Tuticorin District.

3.The Thasildar Kovilpatti Taluk, 4/5

P.B. BALAJI , J.

am Order made in Dated:

11.03.2025 5/5