Santhakumari M v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI and W.M.P.(MD)Nos.6330 & 6331 of 2025 M.Santhakumari : Petitioner Vs.

1.The District Revenue Officer, 2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Illuppur, Pudukkottai District.

3.Manimegalai : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, issue a of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent in Ni.Mu.740/2024/A5 dated 19.12.2024 and quash the same as illegal and consequently direct the second respondent to retain the patta in the petitioner's name in respect of the Survey No. 1/5

21/2 is situated at Melapudhuvayal Revenue Village, Kulathur Taluk, For Petitioner : Mr.K.Arunraj For Respondents 1 & 2 : Mr.S.Kameswaran Government Advocate

O R D E R

The petitioner fairly submits that review has been filed before the first respondent on 06.01.2025 and the same is pending, challenging the order of the second respondent dated 19.12.2024. However, the grievance of the petitioner is that the order passed by the second respondent is in violation of principles of natural justice and no opportunity was given to the petitioner. Therefore, he has now approached this Court under Article 226 of the Constitution of India.

2.Once the petitioner is availed of an alternate efficacious remedy available under the statute, it would not be appropriate for the Writ Court to entertain a Writ Petition under Article 226 of the Constitution of India. The learned Counsel for the petitioner further submits that the petitioner has also made an application for stay, which is pending on the file of the District Revenue Officer. 2/5

3.Considering the above, the Writ Petition is disposed of, with a direction to the District Revenue Officer, to take up the interlocutory application for stay and after hearing the parties concerned, dispose of the same within a period of three weeks from the date of receipt of a copy of this order. The main review / revision shall be disposed of within a period of eight [8] weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 27.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The District Revenue Officer, 2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Illuppur, 4/5

P.B.BALAJI.

, J.

MR 27.03.2025 5/5