Smt Sudha Achi v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2025
CORAM
THE HON'BLE MR.JUSTICE P.B.BALAJI and W.M.P.(MD)No.6725 of 2021 1.SMT.Sudha Achi 2.R.Thenmozhi 3.R.Meera : Petitioners Vs.
1.The District Collector, Office of the Collectorate, Madurai District.
2.The District Revenue Officer, Office of the Collectorate Complex, Madurai District.
3.The Revenue Divisional Officer, Revenue Divisional Office, At Vellaripatti, Melur Taluk, Madurai District.
4.The Tahsildar, Office of the Tahsildar, Melur Taluk, Madurai District.
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5.S.Pathey Krishnakumar 6.PS Anusiya 7.PS Muralibabu 8.C.Natarajan 9.C.Ramanathan Chettiyar : Respondents [R8 & R9 are impleaded vide court order dated 21.12.2023 in WMP(MD)No.13589 of 2021 in W.P.(MD)No.8927 of 2021] PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the third respondent in Na.Ka.No.921/2021/A1 dated 20.02.2021 and quash the same and consequently restore the patta in the name of the petitioners as per the proceedings of the fourth respondent dated 31.12.2020 in Na.Ka.No.5683/2020/C1.
For Petitioner : Mr.N.Manikandan For Respondents 1 to 4 : Mr.B.Saravanan Additional Government Pleader For Respondents 5 & 7 : Mrs.Jasima Yasmin Respondent No.6 : Expired For Respondents 8 & 9 : Mr.P.R.Prithviraj 2/7
O R D E R
Learned Counsel for the petitioner seeks an adjournment. However, learned Counsel appearing for the respondents 8 and 9 relying on the order passed by the District Revenue Officer on 07.02.2025 in Ni.Mu.No.G2/2150607/2024, states that nothing survives for further adjudication in the present Writ Petition. 2.I find that the Writ Petition has been filed challenging the order of the third respondent dated 20.02.2021 and to consequently restore the patta in the name of the petitioners in line with the proceedings of the fourth respondent dated 31.12.2020. 3.The learned Counsel for the respondents 8 and 9 would submit that on a Writ Petition filed by the 8th respondent along with his father and brother, this Court by order dated 26.04.2024, directed the first respondent to hear the petitioners as well as the writ petitioner herein and pass final orders on merits and in accordance with law, within a period of twelve [12] weeks from the date of receipt of a copy of this order.
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4.In pursuance to an order of this Court, an enquiry has been conducted by the first respondent and both the petitioner herein as well as private respondents appeared before him and the District Revenue Officer passed a considered order on 07.02.2025. Therefore, the present Writ Petition challenging the order of Revenue Divisional Officer cannot be sustained, in view of the subsequent event narrated above.
5.Though it is reported that the sixth respondent passed away pending the above Writ Petition, in view of the fact that the interest of the said sixth respondent was also protected by appearance of the fifth respondent before the District Revenue Officer, in view of the fact that Writ Petition is only being closed recording the subsequent event, the death of the sixth respondent pending this Writ Petition is merely recorded and there is no necessity for impleadment of the legal heirs of the sixth respondent. 6.Recording the said submission of the learned Counsel for the respondents 8 and 9 and after satisfying myself with the factum that the order has been passed by the District Revenue Officer, on 07.02.2025, this Writ Petition is disposed of, giving liberty to the petitioner, if aggrieved by the order of the District Revenue Officer, 4/7
to challenge the same in the manner known to law. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
12.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 5/7
To 1.The District Collector, Office of the Collectorate, Madurai District.
2.The District Revenue Officer, Office of the Collectorate Complex, Madurai District.
3.The Revenue Divisional Officer, Revenue Divisional Office, At Vellaripatti, Melur Taluk, Madurai District.
4.The Tahsildar, Office of the Tahsildar, Melur Taluk, Madurai District.
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P.B.BALAJI.
, J.
MR 12.03.2025 7/7