Jagavathi, v. The Sub Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2025

CORAM:

THE HON'BLE MR. JUSTICE S.SOUNTHAR W.P.(MD).No.16482 of 2025 and W.M.P(MD)No.12525 of 2025 Jagavathi ... Petitioner Vs.

1. The Sub Collector, Periyakulam, Theni District.

2. Alagar ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the proceedings of the 1st respondent made in P.Mu.No. 1381/2025/A2 dated 09.05.2025 and quash the same. For Petitioner : Mr.R.Murali For R1 : Mrs.S.Jeya Priya Government Advocate 1/6

ORDER

The writ petition is filed challenging the order passed by the 1st respondent allowing the application filed by the 2nd respondent seeking cancellation of patta issued in the name of the petitioner.

2. Heard the learned counsel for the petitioner and Mrs.S.Jeya Priya, learned Government Advocate, who takes notice for the 1st respondent.

3. By consent of both parties, the writ petition is taken up for final disposal at the stage of admission itself.

4. It is the case of the petitioner that he has been in possession and enjoyment of the natham property comprised in Old S.No.553/35A Part, corresponding to New Natham S.No.2529/1A, having an extent of 242 sq.mt at Pitchampatti, Aundipatty Bit-I, Aundipatty Taluk, Theni District. 2/6

5. It is also stated that the 2nd respondent is the purchaser of the property comprised in different survey numbers viz., Old S.No.553/35A Part. Based on the possession of the petitioner, patta has been issued in favour of the petitioner. The 2nd respondent subsequently filed an application before the 1st respondent seeking cancellation of the patta issued in favour of the petitioner and the said application was allowed vide impugned order dated 09.05.2025. Aggrieved by the same, the petitioner has come before this Court.

6. A reading of the impugned order dated 09.05.2025 would suggest that enquiry notice was issued to the petitioner and he participated in the enquiry before the 1st respondent. A copy of the impugned order is also marked to the petitioner. In such circumstances, the 1st respondent conducted enquiry by following the principles of natural justice. Against the impugned order, the petitioner has got revisional remedy. Therefore, this Court is not inclined to entertain entertain this writ petition. Hence, this writ petition is disposed by permitting the petitioner to file a revision before the Revenue Divisional Officer (RDO) within a period of two (2) weeks from the date of receipt of a copy of this order. 3/6

7. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 19.06.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To The Sub Collector, Periyakulam, Theni District.

5/6

S.SOUNTHAR , J.

rgm W.P.(MD).No.16482 of 2025 and W.M.P(MD)No.12525 of 2025 19.06.2025 6/6