S.Shajahan v. The Sub Collector / District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2025

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.14544 of 2025 and W.M.P(MD)Nos.10763 & 14614 of 2025 S.Shajahan

...Petitioner

Vs

1. The Sub Collector / District Revenue Officer, Ramanathapuram.

2. The Revenue Divisional Officrt, Ramanathapuram.

3. The Tahsildar, Ramanathapuram.

4. G.Rethinavelsamy

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for records pertaining to the impugned enquiry notice dated 13.05.2025 in Na.Ka.A5/4156/2025 passed by the 2nd respondent and quash the same and consequentially forbear the 2nd respondent from conducting any enquiry in respect of the property in Survey No. 418/1A2A measuring 0.04.00 Hectares and Survey No. 418/8A2 measuring 0.03.94 Hectares in Chakkarakottai village, Vani Hamlet, Ramanathapuram Taluk and District.

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For Petitioner : Mr.J.Barathan For Respondents : Mr.B.Saravanan Additional Government Pleader for R1 to R3 '

Mr.S.Vashik Ali for R4

ORDER

An inquiry notice issued by the Revenue Divisional Officer is the subject of challenge in this writ petition. The primary ground of challenge is that the rectification of the FMB was made by the Revenue Divisional Officer on application by the petitioner and that the Revenue Divisional Officer does not have the authority to review his own order.

2. Learned counsel for the 4th respondent submits that the earlier rectification was done without notice to the 4th respondent. On that ground, he submits that he gave a representation requesting the Revenue Divisional Officer to reconsider the matter.

3. The District Revenue Officer is the first respondent herein and orders of the Revenue Divisional Officer may be impugned before the District Revenue Officer. Given the jurisdictional objection raised by the petitioner, the Revenue Divisional Officer shall not conduct an inquiry pursuant to the notice impugned herein.

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4. Instead, this writ petition is disposed of by directing the District Revenue Officer to consider the 4th respondent's representation dated 13.05.2025 and pass orders thereon on merits after providing a reasonable opportunity to the petitioner and the 4th respondent. A speaking order shall be issued within four months from the date of receipt of a copy of this order. This writ petition stands disposed of on these terms. Until disposal of the matter by the District Revenue Officer, the petitioner agrees not to survey the relevant land. No costs. Consequently, connected miscellaneous petitions are also closed.

31.10.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To

1. The Sub Collector / District Revenue Officer, Ramanathapuram.

2. The Revenue Divisional Officrt, Ramanathapuram.

3. The Tahsildar, Ramanathapuram.

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SENTHILKUMAR RAMAMOORTHY , J.

RJR W.P.(MD)No.14544 of 2025 31.10.2025 4/4