G.Rajkumar v. The District Collector

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 03.06.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR and W.M.P.(MD) Nos.11197 and 11198 of 2025 G.Rajkumar ... Petitioner Vs 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Iluppur, Pudukkottai District.

3.The Tahsildar, Kulathur Taluk, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining the order passed by the 2nd respondent/The Revenue Divisional Officer at Illupur, Pudukkottai District in Ne.Mu.No. 2907893/2025/A5 dated 18.02.2025 and quash the same as illegal one. For Petitioner : Mr.S.Sivakumar For Respondents : Ms.K.Malathi, Addl. Govt. Pleader 1/4

O R D E R

This Writ Petition has been filed by the petitioner challenging the order passed by the 2nd respondent cancelling the assignment patta issued in the name of petitioner's vendor viz., Jeyarani on the ground that she committed violation of assignment conditions.

2. Heard the arguments of the learned counsel for the petitioner and the learned Additional Government Pleader, who takes notice for the respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3. It is seen from the impugned order, the subject property was assigned in favour of petitioner's vendor by order dated 16.06.2007. One of the conditions of the assignment was that the assignee shall not alienate the property to the third party within 30 years. Violating the said condition, the petitioner's vendor sold the subject property to the petitioner on 01.04.2024. Therefore, an application was filed by one Bennet Antony Raj, S/o.Durai Divyanathan. Based on the said application submitted by Bennet Antony Raj, the second respondent conducted an enquiry and cancelled the patta issued in the name of 2/4

petitioner's vendor Jeyarani. Aggrieved by the same, being a purchaser, the petitioner has come before this Court.

4. The original assignee has not questioned the order passed by the second respondent. The petitioner is only claiming right under the original assignee. In any event, against the order passed by the second respondent, a remedy of revision is available to the petitioner before the District Revenue Officer. Without availing the alternative remedy, the petitioner has approached this Court by way of this Writ Petition. Therefore, this Court is not inclined to entertain the Writ Petition.

5. Accordingly, this Writ Petition is dismissed with liberty to the petitioner to approach the District Revenue Officer by way of revision. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

03.06.2025 Index: Yes/No Internet: Yes/No vsm 3/4

S.SOUNTHAR, J.

vsm To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Iluppur, Pudukkottai District.

3.The Tahsildar, Kulathur Taluk, Pudukkottai District.

W.P (MD) No.14983 of 2025 03.06.2025 4/4