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Madras High CourtWP(MD)/25864/2025disposed of

A.Liaket Ali v. The District Collector,

2025-12-02Honourable Mr.Justice K. Surender4 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 02.12.2025

CORAM

THE HONOURABLE MR. JUSTICE K.SURENDER W.P.(MD)No.25864 of 2025 and WMP(MD) No.20231 of 2025 A.Liaket Ali ... Petitioner Vs

1. The District Collector, Madurai District, Madurai.

2. The Revenue Divisional Officer Madurai District, Madurai.

3. Raja @ Ayyanan S/o. Late Mathayanai Door No.25 Alathur Village, Thirumalpuram Post, Madurai 625 014 Madurai District ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the impugned notices issued by the 2nd respondent in Na.Ka.No.E-3455801/2025/B dated 14.07.2025 and Na.Ka.No.E-3455801/2025B dated 10.09.2025 and quash the same. 1/4

For Petitioner : Mr.K.Baalasundaram Senior Counsel for M/s.KBS Law Office For Respondents : Mr.B.Ramanathan for R1 and R2 Addl. Govt. Pleader Mr..M.Arjunvarman for R3

O R D E R

The writ petition is filed challenging the impugned notices of the 2nd respondent in Na.Ka.No.E-3455801/2025/B dated 14.07.2025 and Na.Ka.No.E-3455801/2025B dated 10.09.2025.

2. Both parties are present and by considering their arguments, this Writ Petition is disposed of at the admission stage itself. 3.The facts are that the third respondent gave two representations simultaneously to the Revenue Divisional Officer and the Tahsildar for the purpose of issuance of patta and sub division. Pursuant to the said representations, the impugned notices dated 14.07.2025 and 10.09.2025 were served on the petitioner by the Revenue Divisional Officer.

4. As per the Patta Passbook Act, the Revenue Divisional Officer is the appellate authority over the Tahsildar in cases of grievance 2/4

regarding any patta.

5. Since the representations pertain to issuance of patta and sub division of the property, it is for the Tahsildar to decide on the said issue. Since the impugned notices were sent by the Revenue Divisional Officer, they have to be set aside. Accordingly, the impugned notices sent by the Revenue Divisional Officer are hereby set aside. However, it is left open to the Tahsildar to proceed on the basis of the representations made by the third respondent. It is made clear that the procedure under the Patta Passbook Act shall be followed and any rival claims, the parties have to approach the concerned jurisdictional Civil Court.

7. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petition is closed.

(K.SURENDER, J.) 02.12.2025 NCC : Yes/No Index : Yes/No RR 3/4

K.SURENDER, J.

RR To

1. The District Collector, Madurai District, Madurai.

2. The Revenue Divisional Officer Madurai District, Madurai.

W.P (MD) No.25864 of 2025 02.12.2025 4/4