M.Murugeswari v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI W.P.(MD)No.10465 of 2025 and W.M.P.(MD)No.7822 of 2025 M.Murugeswari ... Petitioner vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Revenue Divisional Office, Madurai, Madurai District.

3.The Tahsildar, Taluk Office, Thirumangalam Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records relating to the order passed by the 3rd respondent in Na.Ka.No. 1573/2024/A3, dated 11.11.2024 and quash the same as illegal, arbitrary and consequently, to direct the respondents to issue patta relating to an extent of land measuring 73 cents out of 1 acre 57 cents comprising in Old Survey No.99/5 and New Survey No.97/9 and now in T.S.No. 1/4

2/10A1A covered settlement patta No.393 of Senkulam Group Village, Thirumangalam Taluk, Madurai District.

For Petitioner :Mr.P.Ranjithkumar For Respondents :Mr.B.Saravanan Additional Government Pleader *****

O R D E R

Heard Mr.P.Ranjithkumar learned Counsel appearing on behalf of the petitioner and Mr.B.Saravanan, learned Additional Government Pleader appearing on behalf of the respondents. 2.The petitioner challenges the order of the Tahsildar, dated 11.11.2024 in the present Writ Petition. Admittedly, the said order is appealable under the provisions of the Tamil Nadu Patta Passbook Act by way of an appeal before the Revenue Divisional Officer. Without resorting to the effective and efficacious alternative remedy, the petitioner has chosen to approach this Court by way of this Writ Petition. 3.In such view of the matter, I am not inclined to entertain this Writ Petition. Accordingly, this Writ Petition is dismissed with a liberty to the 2/4

petitioner to file a statutory appeal before the Revenue Divisional Officer, Madurai, within a period of four weeks from the date of receipt of a copy of this order and if any such appeal is preferred within the said period four weeks by the petitioner, the second respondent shall take up the appeal, without rejecting the same on the ground of limitation and shall proceed to hear the appeal on merits, after giving an opportunity to the petitioner and other interested parties. The second respondent shall pass final orders within a period of twelve weeks thereafter. No costs. Consequently, connected miscellaneous petition is closed. Index :Yes / No 16.04.2025 Internet :Yes / No NCC :Yes / No cmr To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Revenue Divisional Office, Madurai, Madurai District.

3.The Tahsildar, Taluk Office, Thirumangalam Madurai District.

3/4

P.B.BALAJI, J.

cmr 16.04.2025 4/4