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Madras High CourtWP(MD)/23359/2025disposed of

P.Narayanan v. The Sub Collector / Revenue Divisional Officer

2025-08-26Honourable Mr Justice S. Sounthar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR P.Narayanan ... Petitioner Vs.

1.The Sub Collector/Revenue Divisional Officer, Sub Collector Office, Devakottai, Sivagangai District.

2.The Tahsildar, Tahsildar Office, Devakottai, Sivagangai District.

3.S.Ananthan ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first respondent herein to consider the petitioner's representation/objection dated 20.08.2025 and pass appropriate orders within a time stipulated by this Court and to defer the proceedings in Na.Ka.A2/2266/2025, till the disposal of the civil suit in O.S.No.67 of 2025 before the District Munsif Court, Devakottai.

For Petitioner : Mr.S.Vashik Ali For R1 and R2 : Mrs.S.Jeyapriya Government Advocate

ORDER

The writ petition is filed seeking a direction to the first respondent herein to consider the petitioner's representation/objection dated 20.08.2025 and pass appropriate orders within a time stipulated by this Court and to defer the proceedings initiated by him in Na.Ka.A2/2266/2025, till the disposal of the civil suit in O.S.No.67 of 2025 before the District Munsif Court, Devakottai. 2.Heard the arguments of Mr.S.Vashik Ali, learned counsel appearing for the petitioner and Mrs.S.Jeyapriya learned Government Advocate appearing for the respondents 1 and 2. Since no adverse order is passed against the third respondent, notice to the third respondent is dispensed with.

3.By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

4.According to the petitioner, he and his family have been in possession and enjoyment of the subject property situated in Survey No. 244/10, Kalathur Village, Devakottai Taluk, Sivagangai District. Recognizing the right of the petitioner, the Assistant Settlement Officer, Madurai, passed an order on 18.09.1995 directing the issuance of patta in the name of the petitioner's father. Subsequently, the first respondent in his order dated 27.09.2019, based on the order passed by the Assistant Settlement Officer, directed issuance of the revenue patta. Thus, the revenue patta has been issued in the name of the petitioner. Now, the third respondent moved an application before the first respondent seeking cancellation of the patta issued in the name of the petitioner. The petitioner submitted an objection on 20.05.

2025 before the first respondent stating that the order passed by the Assistant Settlement Officer, Madurai, had attained finality. Therefore, it cannot be reopened. It is also stated by the petitioner that he filed a civil suit in O.S.No.67 of 2025, on the file of the District Munsif Court, Devakottai, seeking declaration of title and other consequential relief of injunction against the respondents including the private respondents.

application submitted by the third respondent. However, the said objection submitted by the petitioner has not been considered by the first respondent. Therefore, he has come before this Court. 5.The learned Government Advocate appearing for the respondents 1 and 2 would submit that the objection submitted by the petitioner will be considered in accordance with law.

6. In view of the same, without expressing any opinion on the merits of the matter, the first respondent is directed to consider the objection raised by the petitioner dated 20.08.2025 and pass final orders on its own merits within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner and third respondent. Accordingly, this Writ Petition is disposed of. No costs.

26.08.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp

To 1.The Sub Collector/Revenue Divisional Officer, Sub Collector Office, Devakottai, Sivagangai District.

2.The Tahsildar, Tahsildar Office, Devakottai, Sivagangai District.

S.SOUNTHAR ,J cp W.P.(MD)No.23359 of 2025 Dated: 26.08.2025