Christopher R.R v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2026

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY R.R.Christopher ... Petitioner Vs.

1.The Tahsildar, Athoor Taluk, Dindigul District.

2.Viswasam 3.The Revenue Divisional Officer, Didingul Division, Dindigul District.

... Respondents [R3 is suo motu implead vide this order] Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned proceedings of the first respondent in Na.Ka.No.5405/2025/A1 dated 22.05.2026, quash the same as being wholly without jurisdiction and contrary to G.O.(Ms.) No.129, Revenue (SS.II(1)) Department, dated 13.02.1998 and consequently forbear the first respondent from conducting any enquiry or interfering with the petitioner's rights in respect of the property comprised in Survey No.450/3 measuring 357.5 square feet situated at Veerakal Village, Athoor Taluk, Page No. 1 of 6

Dindigul District covered under Patta No.1603, except through the competent authority and in accordance with law. For Petitioner : Mr.V.Janakiramulu For R1 & R3 : Mr.S.Siva Thilakar Counsel for Government of Tamilnadu

O R D E R

The present Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned proceedings of the first respondent in Na.Ka.No.5405/2025/A1 dated 22.05.2026, quash the same as being wholly without jurisdiction and contrary to G.O.(Ms.) No.129, Revenue (SS.II(1)) Department, dated 13.02.1998 and consequently forbear the first respondent from conducting any enquiry or interfering with the petitioner's rights in respect of the property comprised in Survey No.450/3, measuring an extent of 357.5 square feet, situated at Veerakal Village, Athoor Taluk, Dindigul District, covered under Patta No.1603, except through the competent authority and in accordance with law.

2. According to the petitioner, the land in Survey No.450/3, to an extent of 357.5 sq.ft., situated at Veerakal Village, Athoor Taluk, Page No. 2 of 6

Dindigul District, is classified as 'Natham Land'. The Assistant Settlement Officer has issued a patta in favour of the petitioner. Now, the second respondent has submitted an application to the first respondent complaining about the petitioner's occupation of the said property. Based on the same, the first respondent has issued the impugned proceedings. Challenging the same, the present Writ Petition has been filed. The contention of the petitioner is that the Tahsildar, the first respondent, is not having any authority to conduct an enquiry since a patta has already been issued in favour of the petitioner.

3. The learned counsel for the Government of Tamil Nadu appearing for the first respondent, on instructions, submitted that an ordinary patta was not conferred on the petitioner. However, the petitioner is claiming that the Assistant Settlement Officer has issued a patta. In such circumstances, the Tahsildar, the first respondent, is the appropriate authority to consider the complaint. Even if the Tahsildar, the first respondent, is not having the power, at least the Special Tahsildar is having the power.

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4. This Court, after hearing the rival submissions, is of the considered opinion that only an appeal would lie against the order of the Special Tahsildar or the Assistant Settlement Officer, who has conferred the patta in favour of the petitioner. Therefore, the Tahsildar, the first respondent, cannot enquire into the matter. Accordingly, the impugned proceedings of the first respondent are set aside.

5. However, liberty is granted to the Revenue Divisional Officer to consider the second respondent's claim. But, the Revenue Divisional Officer is not a party in this Writ Petition. Therefore, the Revenue Divisional Officer, Dindigul Division, Dindigul District, is suo motu impleaded as the third respondent and is directed to consider the second respondent's claim and pass appropriate orders after issuing notice to the petitioner, the second respondent, as well as the rival claimants, if any.

6. With the above direction, this Writ Petition is allowed. There shall be no order as to costs.

22.06.2026 JEN Index: Yes / No Page No. 4 of 6

To 1.The Tahsildar, Athoor Taluk, Dindigul District.

2.The Revenue Divisional Officer, Didingul Division, Dindigul District.

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S.SRIMATHY , J.

JEN 22.06.2026 Page No. 6 of 6