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Madras High CourtWP(MD)/15087/2025disposed of

Marimuthu v. The District Revenue Officer

2025-06-04Honourable Mr Justice S. Sounthar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Writ Petition(MD)No.15087 of 2025 and W.M.P(MD)No.11346 of 2025 Marimuthu ..Petitioner Vs 1.The District Revenue Officer, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

3.The Regional Deputy Tahsildar, Kovilpatti Taluk, Thoothukudi District.

4.Bharathalakshmi ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records relating to the order of the third respondent in T.R. 2024/0103/28/498047TR dated 29.10.2024 and quash the same and to restore the patta in the name of the petitioner for the land in S.No.274/8 and 274/11 situated at Idaicheval Part - I Village, Kovilpatti Taluk, Thoothukudi District and consequently, direct the first respondent to take the appeal on file and dispose the same within a time stipulated by this court.

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For Petitioner : Mr.T.Balaji For Respondents : Mr.M.Gangatharan Addl. Govt. Pleader (RR1 to 3)

ORDER

This writ petition has been filed challenging the order passed by the third respondent mutating the revenue records in favour of the fourth respondent pursuant to the order passed by the second respondent cancelling the patta that stood in the name of the father of the petitioner and ordering the transfer of the patta in favour of the fourth respondent.

2. Heard the arguments of Mr.T.Balaji, learned counsel appearing for the petitioner, and Mr.M.Gangatharan, learned Additional Government Pleader, who took notice for the respondents 1 to 3. Since no adverse order is going to be passed as against the fourth respondent, notice to her is dispensed with. By consent of both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. The main grievance of the petitioner is that he got 30 days to challenge the order passed by the second respondent cancelling the patta that stood in the name of his father. Before expiry of the time for filing revision before the revisional authority, the third respondent immediately changed the patta and gave effect to the order passed by the second respondent.

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4. It is seen from the typed set of papers that the order passed by the second respondent/Revenue Divisional Officer ordering the transfer of the patta in the name of the fourth respondent was already challenged by the petitioner before the first respondent in his revision petition dated 21.11.2024, and the same is pending disposal.

5. In view of the same, without going into the merits of the claim made by the petitioner, the first respondent is directed to dispose of the revision petition dated 21.11.2024 and pass final orders on its own merits, after giving sufficient opportunity to the petitioner and the fourth respondent, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 04.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1.The District Revenue Officer, Thoothukudi District, Thoothukudi.

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2.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

3.The Regional Deputy Tahsildar, Kovilpatti Taluk, Thoothukudi District.

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S.SOUNTHAR, J.

skn Writ Petition(MD)No.15087 of 2025 and W.M.P(MD)No.11346 of 2025 04.06.2025 5/5