P.Aanandan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P(MD) No.12077 of 2025 1.P.Aanandan 2.O.Rajeshwaran ... Petitioners Vs.

1.The Revenue Divisional Officer, Tiruchendur, Thoothukudi District.

2.S.Stalin Kumaresan 3.T.Xavier Devasahayam 4.K.Prabu ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to call for the records relating to the impugned enquiry notice dated 10.03.2025 in proceedings in Na.Ka.A3/7873/2024, on the file of the first respondent and quash the same as illegal.

For Petitioners : Mr.M.P.Senthil

For R1 : Mr.A.Baskaran Additional Government Pleader

ORDER

This writ petition is filed challenging the notice issued by the first respondent, dated 10.03.2025, calling for an enquiry on the basis of the application submitted by the respondents 2 to 4 seeking rectification of the revenue records.

2.Heard the arguments of Mr.M.P.Senthil, learned counsel appearing for the petitioners and Mr.A.Baskaran, learned Additional Government Pleader appearing for the first respondent. Since no adverse order is passed against the respondents 2 to 4, notice to the respondents 2 to 4 is dispensed with.

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

4.It is not in dispute that revenue records for the subject property

situated in Survey No.342/12, Paramankurichi Village, Tiruchendur Taluk, Thoothukudi District, stand in the name of the petitioners. The private respondents challenged the issuance of the revenue records in the name of the petitioners by filing an application before the first respondent. Based on the said application, an enquiry notice was issued to the petitioners. Aggrieved by the same, the petitioners have filed this writ petition.

5.The learned counsel appearing for the petitioners would contend that the first respondent has no power to decide the title of the parties. Therefore, the notice issued by the first respondent is liable to be quashed.

6.The impugned order is nothing but a show cause notice issued to the petitioners. If the petitioners think that there is a disputed question of title raised by the private respondents and that the first respondent has no power to go to the said proceedings, it is for him to appear before the first respondent and raise all his objections. Therefore, at this stage, this Court is not inclined to entertain this writ petition, as the same is only a

notice issued to the petitioners calling for an enquiry. It is open to the petitioners to appear before the first respondent and raise his all objections.

7.With these clarifications, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 13.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To The Revenue Divisional Officer, Tiruchendur, Thoothukudi District.

S.SOUNTHAR ,J cp W.P.(MD)No.15950 of 2025 Dated: 13.06.2025