R.T.Arivukumar v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.13945 of 2025 R.T.Arivukumar ... Petitioner Vs

1. The District Revenue Officer, Dindigul.

2. The Territory Manager (Retail Outlet), Bharat Petroleum Corporation Limited, 37, Thirupparakundram Road, Papumalai, Madurai.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the Impugned order in MU.MO.No. 938150/2023 dated 16.05.2025 on the file of the first respondent and quash the same and direct the first respondent to issue NOC with respect to S.No.240/8B (1 acre 14 cents). 1/4

For Petitioner : Mr.G.Prabhu Rajadurai For R-1 : Mr.R.Ragavendran Government Advocate For R-2 : Mr.V.Shathurthirajua for Mr.S.Nateshraja

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarifed Mandamus, to quash the impugned order dated 16.05.2025 and consequently direct the first respondent to issue a No Objection Certificate in respect of S.No.240/8B (1 acre 14 cents).

2. Through the impugned order, the first respondent referred to the pendency of the suit in O.S.No.6 of 2023 on the file of District Munsif Court, Nilkottai. The said suit has been filed by one N.O.Ganesh, against the petitioner's vendor. But in the present case the issue is pertaining to the issuance of a No Objection Certificate. In fact, the second respondent is the appropriate authority to ascertain whether the petitioner is having proper ownership of the land. The first respondent has no jurisdiction to determine the title dispute. The second respondent is convinced that the petitioner is having valid title and ownership.

3. In view of the above, the impugned order is quashed. The official 2/4

respondent is directed to issue the No Objection Certificate sin respect of S.No.240/8B (1 acre 14 cents), within a period of two (2) weeks from the date of receipt of a copy of this order.

4. With the above said direction, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 10.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The District Revenue Officer, Dindigul.

2. The Territory Manager (Retail Outlet), Bharat Petroleum Corporation Limited, 37, Thirupparakundram Road, Papumalai, Madurai.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 10.07.2025 4/4