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Madras High CourtWP(MD)/8004/2025disposed of

Tamilselvi v. The Revenue Divisional Officer

2025-03-24Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI and W.M.P.(MD)Nos.6032 of 2025 Tamilselvi : Petitioner Vs.

1.The Revenue Divisional Officer, Revenue Divisional Office, Tirunelveli, Tirunelveli District.

2.The Tahsildar, Taluk Office, Palayamkottai, Tirunelveli District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of File No. 2022/0105/29/228476 dated 03.03.2023 passed by the second respondent, quash the same and consequently direct the second 1/5

respondent to issue patta in the petitioner's name for the property belonging to her bearing S.No.50/1A1 - Plot Nos.28, 29, 30 and 31 situated at Reddiyappatti Village, Palayamkottai Taluk, Tirunelveli District.

For Petitioner : Mr.R.Murugappan For Respondents : Mr.B.Saravanan, Special Government Pleader

O R D E R

The petitioner has challenged the online rejection of his application for patta before the second respondent. The case of the petitioner is that there has been no proper hearing conducted before the impugned order came to be passed and the petitioner's application for patta has been summarily rejected. 2.However, learned Additional Government Pleader would bring to my notice that the petitioner has already preferred an appeal before the first respondent Revenue Divisional Officer on 14.02.2025.

3.However, learned Counsel for the petitioner submits that in view of several decisions of this Court, setting aside such summary rejection orders, the petitioner has approached this Court, despite preferring an appeal before the first respondent. 2/5

4.When the petitioner has already challenged the order of the second respondent before the first respondent by preferring a statutory appeal, it may not be appropriate for this Court to exercise the power under Article 226 of the Constitution of India. However, it is made clear that the first respondent shall pass orders on merits and in accordance with law and in line with the decisions rendered by this Court, within a period of eight [8] weeks from the date of receipt of a copy of this order.

5.Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

24.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The Revenue Divisional Officer, Revenue Divisional Office, Tirunelveli, Tirunelveli District.

2.The Tahsildar, Taluk Office, Palayamkottai, Tirunelveli District.

4/5

P.B.BALAJI.

, J.

MR 24.03.2025 5/5