Mahesh v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.08.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.19791 of 2025 and W.M.P(MD)No.15231 of 2025 Mahesh ... Petitioner .Vs.

1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

2.Balamurugan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records relating to the impugned proceeding of the first respondent, dated 2.5.2025 vide Ni.Mu.A2/6377/2024 in respect of the lands in S.No.25/1, Ottapidaram Village, Ottapidaram Taluk, Thoothukudi District belonging to the Petitioner and quash the same.

For Petitioner : Mr.VR.Shanmuganathan 1/5

For Respondent-1 : Mr.A.Baskaran Addl.Govt. Pleader For Respondent-2 : Mr.V.Malaiyendran

O R D E R

The Writ Petition is filed challenging the order passed by the first respondent allowing the application filed by the second respondent seeking cancellation of patta in respect of the property in S.No. 25/1, Ottapidaram Village and Taluk, Thoothukudi District.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The impugned order was questioned by the Petitioner mainly on the ground that the first respondent passed the impugned order allowing the application filed by the second respondent without hearing the Petitioner.

4.It is seen from the documents filed in the typed-set of papers that the Petitioner has purchased the property only on 29.3.2025 under a sale deed. However, the impugned proceedings were initiated even prior to the sale in favour of the Petitioner. The original records relating to the impugned proceedings are 2/5

produced before this Court. A perusal of the same would indicate that the second respondent filed an application to cancel the patta before the first respondent as early as on 17.8.2023 and the enquiry has been going on from the year 2024, as seen from the proceeding number and the enquiry notice. The Petitioner purchased the property pending enquiry, on 29.3.2025.Therefore the Petitioner is not entitled to say that he was not issued with notice. Therefore this Court is not impressed with the arguments of the learned counsel for the Petitioner that the impugned order is in violation of natural justice principles.

5.Against the impugned order passed by the first respondent, if aggrieved, the petitioner has got a remedy of filing a revision before the District Revenue Officer under Section 13 of the Patta Passbook Act. Therefore, the Petitioner is relegated to approach the revisional authority, if so advised. 6.Accordingly, the Writ Petition stands dismissed, with liberty to the Petitioner to file a revision before the revisional authority within a period of four weeks from the date of receipt of a copy of this Order. No costs. Consequently, connected Miscellaneous Petition is closed.

13.08.2025 3/5

NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

S.SOUNTHAR.,J.

vsn ORDER MADE IN 4/5

W.P(MD)No.19791 of 2025 and W.M.P(MD)No.15231 of 2025 13.08.2025 5/5