Soundararajan v. The Revenue Divisional Officer / Sub Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2025 CORAM :
THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.(MD)No.19583 of 2025 and W.M.P.(MD)No.15043 of 2025 Soundararajan
...Petitioner
Vs.
1.The Revenue Divisional Officer / Sub Collector, Devakottai Sub Division, Devakottai, Sivagangai District.
2.The Tahsildar, Singampunari Taluk, Sivagangai, Sivagangai District.
3.The Village Administrative Officer, Melavannariruppu Group, Singampunari Taluk, Sivagangai District.
4.Sakthivel 5.Selvaraj ... Respondents 1/6
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to quash the impugned enquiry notice issued by the first respondent in proceedings in Na.Ka.A1/ 7355/2024 dated 20.06.2025.
For Petitioner : Mr.R.Anandha Raj For Respondents : Mr.M.Gangatharan Government Advocate for R1 to R3
ORDER
The Writ Petition is filed challenging the enquiry notice issued by the first respondent dated 20.06.2025 calling the petitioner for enquiry in respect of the application submitted by the fifth respondent seeking cancellation of patta regarding the property situated in Survey No. 38/3A6 in Patta Nos.233 and 1489 in Melavannariruppu Group, Singampunari Taluk, Devakottai Division, Sivagangai District.
2. Heard the arguments of Mr.R.Anandha Raj, learned counsel appearing for the petitioner and Mr.M.Gangatharan, learned Government Advocate, who takes notice for the respondents 1 to 3. Since no adverse order is passed against private respondents, notice to them is dispensed with. By consent of both sides, this Writ Petition is taken up for final 2/6
disposal at the admission stage itself.
3. The petitioner claims right over the above mentioned property under registered settlement deed executed by his father dated 02.07.2021. The petitioner was issued with separate patta in his name based on the settlement deed in Patta No.1849. The fifth respondent herein filed an application before the first respondent seeking cancellation of patta issued in the name of the petitioner and enquiry notice was issued to the petitioner on 21.11.2024. The petitioner appeared before the first respondent and submitted his objections. After waiting for some time, the first respondent issued the impugned notice again calling the petitioner for enquiry. Aggrieved by the same, the petitioner has come before this Court.
4. The learned counsel appearing for the petitioner would submit that in respect of the earlier notice issued by the first respondent, the petitioner appeared for enquiry and submitted his objections. Without considering the same and passing final orders, the first respondent issued second notice. Therefore, the same is liable be quashed. 3/6
5. The fifth respondent herein filed an application before the first respondent under the Tamil Nadu Patta Pass Book Act seeking cancellation of patta issued in the name of the petitioner. Enquiry was initiated by the first respondent and notice was issued to the petitioner on 21.11.2024. The petitioner also submitted his objections before the first respondent. Now, the impugned notice has been issued regarding further enquiry by the first respondent. The petitioner having participated in the proceedings before the first respondent in response to the earlier notice is not entitled to turn around and challenge the second notice. Therefore, it is for the petitioner to appear before the first respondent and reiterate his objections during enquiry by filing supporting documents. The petitioner has not made out any case to quash the impugned notice issued by the first respondent.
6. In view of the same, this Court is not inclined to interfere with the proceedings initiated by the first respondent. However, taking into consideration the long pendency of the application on the file, the first respondent is directed to dispose of the same within a period of eight (8) weeks from the date of receipt of a copy of this order, after affording 4/6
reasonable opportunity to the petitioner and the private respondents.
7. With the above direction, this Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 21.07.2025 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To 1.The Revenue Divisional Officer / Sub Collector, Devakottai Sub Division, Devakottai, Sivagangai District.
2.The Tahsildar, Singampunari Taluk, Sivagangai, Sivagangai District.
3.The Village Administrative Officer, Melavannariruppu Group, Singampunari Taluk, Sivagangai District.
5/6
S.SOUNTHAR, J.
csm Order made in W.P.(MD)No.19583 of 2025 and W.M.P.(MD)No.15043 of 2025 Dated : 21.07.2025 6/6