Aswinkumar v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2025 CORAM :

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.(MD)No.19458 of 2025 Aswinkumar

...Petitioner

Vs.

1.The District Revenue Officer, Thanjavur.

2.The Revenue Divisional Officer, Kumbakonam, 3.The Tahsildar, Thiruvaidaimarudur Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the Revenue Divisional Officer of Kumbakonam to rectify the illegal changes made by the third respondent/Thasildar of Thiruvidaimaruthur during the pendency of the writ petition in W.P.(MD)No.26075 of 2023, on the basis of the petitioner's representation dated 15.05.2025 as per Section 12 of the Patta Pass Book Act 1984 in respect of the petitioner's ancestral 1/6

Natham properties in S.F.Nos.233/18, 233/19 corresponding Old S.F.No. 177/1 & 177/1 at Govindapuram Village, Thiruvaidaimarudur Taluk, For Petitioner : Mr.R.Rajaraman For Respondents : Mrs.S.Jeya Priya Government Advocate

ORDER

The petitioner herein seeks a direction to the second respondent to rectify the changes made by the third respondent in the revenue records pertains to the land situated in Survey Field Nos.233/18 and 233/19 corresponding to old Survey Field No.177/1 in Govindapuram Village, Thiruvaidaimarudur Taluk, Thanjavur District, during the pendency of the writ petition in W.P.(MD)No.26075 of 2023, by considering his representation dated 15.05.2025.

2. Heard the arguments of Mr.R.Rajaraman, learned counsel appearing for the petitioner and Mrs.S.Jeya Priya, learned Government Advocate, who takes notice for the respondents. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2/6

3. According to the petitioner, the subject property belongs to his family and his father Balasubramanian applied for issuance of patta and the said application was dismissed by the second respondent and the said order was confirmed by the first respondent vide order dated 05.02.2021 in Tha.Pa.15/2018/Oo(2). The said order passed by the first respondent negativing the request of the petitioner's father was challenged by the petitioner in W.P.(MD)No.26075 of 2023 and the same is pending. During the pendency of the above said writ petition, the respondents effected changes in the revenue records by deleting some names and including the names of the third parties. Aggrieved by the same, the petitioner submitted an instant representation dated 15.05.2025 before the second respondent seeking cancellation of the mutation effected by the third respondent pending writ petition. The same has not been considered. Hence, the petitioner has come before this Court.

4. Even as per the case of the petitioner narrated in the representation, the request of the petitioner's father for issuance of patta was negatived by the respondents 2 and 3 and questioning the said order, the petitioner filed a writ petition before this Court in W.P.(MD)No. 3/6

26075 of 2023 and is pending. In such circumstances, it is for the petitioner to move appropriate interim application seeking interim relief in the pending writ petition against the mutation of revenue records. As on today, the petitioner's request for issuance of patta was negatived by the officials and the said order is now challenged before this Court. Therefore, this Court is not inclined to issue any direction to the respondents to consider the instant representation submitted by the petitioner. Accordingly, this Writ Petition stands dismissed. It is open to the petitioner to workout his remedy in the pending writ petition. No costs.

18.07.2025 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To 1.The District Revenue Officer, Thanjavur.

2.The Revenue Divisional Officer, Kumbakonam, 4/6

3.The Tahsildar, Thiruvaidaimarudur Taluk, 5/6

S.SOUNTHAR, J.

csm Order made in W.P.(MD)No.19458 of 2025 Dated : 18.07.2025 6/6