Kavitha v. Ravindran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Rev.Apl.W.(MD)No.40 of 2021 in W.P.(MD)No.24185 of 2019 and W.M.P.(MD)No.9337 of 2021 Kavitha ... Petitioner Vs 1.Ravindran 2.The District Collector, Sivagangai District, Sivagangai.

3.The Sub-Collector, Devakottai, Sivagangai District.

4.The Assistant Director, The District Land Survey Department, (Cum Personal Assistant to the District Collector), Sivagangai District.

5.The Tahsildar, Singampunari Taluk, Sivagangai District.

6.Raja ... Respondents 1/6

Prayer: Review Application is filed under Order XLVII, Rules 1 and 2 of the Civil Procedure Code r/w. Section 114 of the Civil Procedure Code, to review the order dated 20.11.2019 passed in W.P.(MD).No.24185 of 2019 before this Court insofar as the observation and directions made against the Petitioner in Para 4 and 7. For Review Applicant : Mr.G.Prabhu Rajadurai For Respondents : Mr.T.Amjadkhan, Govt. Advocate for R2 to R4.

ORDER

(Order of the Court was delivered by G.R.Swaminathan, J.) Heard the learned counsel for the review applicant and the learned Government Advocate for the official respondents. 2.The scope of this review application is fairly limited. The first respondent herein filed W.P.(MD)No.24185 of 2019 before this Court. The contesting respondent therein was one Raja, who is none other than the review applicant's brother. The said Raja was shown as the sixth respondent in the said proceedings. The review applicant was shown as the fifth respondent. It is seen that the said writ petition was disposed of on 20.11.2019. Paragraph Nos.4 and 7 of the said order reads as follows:- 2/6

"4.During the course of arguments we have heard both sides and it is evident that there is no proceedings which are available to show that there is a pathway and based upon the request made by the 6th respondent, the fourth respondent has passed the order dated 02.05.2018 and it is not clear as on what basis the Revenue Inspector Kavitha made such recommendation. We do not know why police have been brought into the land in question for the purpose of claiming that there is a pathway and it is not clear as to why urgency and haste has been shown by the Tahsildar, Singampunari Taluk, while the Revision Petition is pending. We can easily infer that it must have been due to the pressure exerted by Mrs.Kavitha, who is none other than the sister of the 6th respondent.

7.Considering the fact that there is likelihood that the 5th respondent may use her official powers when the matter was placed for consideration before the Sub Collector, Devakottai, we direct the District the District Collector, Sivagangai to immediately transfer Mrs.Kavitha, the Revenue Inspector, S.S.Kottai Village Group, Singampunari Taluk to some other Taluk and ensure that she shall not in any manner interfere in the decision making process by the Sub Collector, Devakottai and she shall not be allotted any duty in connection with the Office of SubCollector, Devakottai." It is obvious that the observations and remarks made in the above paragraphs are adverse to the review applicant and they do cast 3/6

aspersions on her. It is well settled that before passing any adverse remark, the official concerned must be put on notice. Even though the review applicant was shown as the fifth respondent, she was not served. In fact, she was not represented by any counsel also. The review applicant states that since she married outside the community, she was not on speaking terms with her brother, namely Raja and thus, she was not aware of the institution of the writ proceedings. The review applicant further states that the proceedings between the writ petitioner and her brother have since concluded.

3.Taking note of all these aspects, we delete the adverse remarks made against the review applicant in Paragraph No.4 and 7 of the order dated 20.11.2019 in W.P.(MD)No.24185 2019. They stand expunged.

4.The review application is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (R.P. J.,) 24.03.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 4/6

To:

1.The District Collector, Sivagangai District, Sivagangai.

2.The Sub-Collector, Devakottai, Sivagangai District.

3.The Assistant Director, The District Land Survey Department, (Cum Personal Assistant to the District Collector), Sivagangai District.

4.The Tahsildar, Singampunari Taluk, Sivagangai District.

5/6

G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias Rev.Apl.W.(MD)No.40 of 2021 in W.P.(MD)No.24185 of 2019 24.03.2026 6/6