Chellammal S v. The District Collector

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 05.06.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR and W.M.P.(MD) Nos.11539, 11542 and 11543 of 2025 S.Chellammal ... Petitioner Vs 1.The District Collector, O/o. District Collector, 2.The District Revenue Officer, District Collector Office Campus, 3.The Revenue Divisional Officer, 4.The Tahsildar, O/o. Tahsildar Office, Thirumayam, 5.The Village Administrative Officer, O/o. Village Administrative Office, Nallambal Samuthiram, Thirumayam Taluk, 1/6

6.Kanthaiyaa ... 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 relating to the impugned order passed by the 3rd respondent in Ni.Mu.A4/7356/2024 dated 28.03.2025 and the consequential order of the 4th respondent in Na.Ka.No.2270/2025/A4 dated 05.05.2025 and to quash the same as illegal, and direct the 4th and 5th respondents to refrain from changing the patta in favour of the 6th respondent until the outcome of the revision petition filed by the petitioner in Na.Ka.E-3229881/A3/2025 dated 07.05.2025 which is pending before the 2nd respondent office.

For Petitioner : Mr.S.Vanchinathan For R1 to R5 : Ms.S.Jeya Priya Government Advocate

ORDER

Challenging the order passed by third respondent, cancelling the patta for the subject property that stood in the name of the petitioner's husband, Subramanian and directing restoration of patta in the name of the previous patta holder, Kanthaiyaa, the petitioner has come before this Court.

2.Heard the arguments of the learned counsel for the petitioner, Mrs.S.Jeya Priya,, learned Government Advocate, who takes notice for 2/6

the respondents 1 to 5. In view of the order proposed to be passed in this Writ Petition, which would not cause any prejudice to the sixth respondent, notice to him is dispensed with. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3.Against the order passed by the third respondent, the petitioner has got a remedy of Revision before the second respondent. It is seen from the typed set of papers that the petitioner already availed the alternative remedy of Revision and filed the same before the second respondent on 19.04.2025. When the Revision filed by the petitioner is pending before the competent authority, simultaneously, the petitioner filed this Writ Petition. The petitioner is not entitled to prosecute two remedies simultaneously.

4.When the petitioner has got effective remedy of Revision before the second respondent and the same is already availed by him, this Court is not inclined to entertain the Writ Petition and accordingly, the same is dismissed.

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5.Since the Revision Petition filed by the petitioner is already pending before the second respondent, without expressing any opinion on the merits of the matter, this Court is inclined to direct the second respondent to dispose of the Revision Petition filed by the petitioner dated 19.04.2025 within a period of 12 weeks from the date of receipt of a copy of this order.

6.With the aforesaid directions, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

05.06.2025 Index : Yes/No Internet : Yes/No : Yes/No mm To 1.The District Collector, O/o. District Collector, 2.The District Revenue Officer, District Collector Office Campus, 4/6

3.The Revenue Divisional Officer, 4.The Tahsildar, O/o. Tahsildar Office, Thirumayam, 5.The Village Administrative Officer, O/o. Village Administrative Office, Nallambal Samuthiram, Thirumayam Taluk, 5/6

S.SOUNTHAR, J.

mm W.P (MD) No.15265 of 2025 05.06.2025 6/6