Chitra Devi v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Chitra Devi ... Petitioner Vs.

The Tahsildar, Vadipatti Taluk, Madurai District.

... Respondent Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned rejection order passed by the Respondent vide Na.Ka.No. Aa2/5676/2024 dated 21.02.2025 and quash the same as illegal and consequently direct the Respondent to issue joint patta for the property in Survey No. 391/9, 391/2B based on the petitioner's application dated 28.05.2024 in No.2024/N105/24/000353.

For Petitioner : Mr.S.Sankarapandian For Respondent : Mrs.K.Malathi Additional Government Pleader

ORDER

The Writ Petition is filed challenging the order passed by the respondent, rejecting the request of the petitioner for issuance of joint patta in respect of the property comprised in Survey No.391/1 situated at Kulasekarankottai Village, Vadipatti Taluk, Madurai District.

2. Heard the arguments of Mr.S.Sankarapandian, learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondent.

3. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

4. It is the case of the petitioner that the property originally stood in the name of the petitioner's mother, viz., Saraswathi, who died on 25.05.2021. After the death of Saraswathi, the petitioner and her siblings succeeded to the subject property and hence, instant application has been filed by the petitioner, seeking issuance of joint patta. The request of the petitioner for issuance of joint patta was negatived by the respondent, on the ground that the petitioner already filed a suit for partition, claiming right in the subject property in O.S.No.429 of 2024 on the file of the IV Additional District Court, Madurai, and the same is pending. Aggrieved by the said order, the petitioner has come before this Court.

5. Against the order passed by the Tahsildar rejecting the request of the petitioner for issuance of joint patta, the petitioner has got an appeal remedy before the Revenue Divisional Officer. Further, against the order passed by the Revenue Divisional Officer, the petitioner can approach the District Revenue Officer by way of revision. Since the petitioner has more than one remedy before the hierarchy of authorities, without availing alternative remedy, the petitioner is not entitled to invoke the

Writ jurisdiction. Therefore, this Court is not inclined to entertain the writ petition.

6. Accordingly, this Writ Petition is dismissed with liberty to the petitioner to file an appeal before the concerned Revenue Divisional Officer, ie., Revenue Divisional Officer, Madurai, within a period of two weeks from the date of receipt of a copy of this order. No costs. 06.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No LS To The Tahsildar, Vadipatti Taluk, Madurai District.

Copy to The Revenue Divisional Officer, Madurai,

S.SOUNTHAR ,J LS W.P.(MD)No.15377 of 2025 Dated: 06.06.2025