Madras High CourtWP(MD)/30551/2025disposed of

S. Sivaselvi v. The District Collector

2025-10-29Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2025

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.30551 of 2025 and W.M.P(MD)Nos.23723 &23724 of 2025 S. Sivaselvi

...Petitioner

1. The District Collector, Dindigul District, Dindigul.

2. The District Revenue Officer, Dindigul District, Dindigul.

3. The Revenue Divisional Office, Palani, Dindigul District.

4. The Tahsildar, Oddanchathiram Taluk, Dindigul District.

5. The District Adi Dravidar and Schedule Tribe Welfare Officer, Dindigul.

6. The Special Tahsildar, Adi Dravidar Welfare, Palani, Dindigul District.

7. Veluchamy

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the impugned order passed by the 3rd respondent vide Na.Ka.No.7143/2018/A6 dated 14.06.2022 1/5

and to quash the same in respect of the petitioner's land comprised in S.No.9/3C in respect of 1.11.0 Hectares of Kallimanthayam Village, Ottanchathiram, Dindigul and directing the 5th respondent to demolish the building and hand over the vacant possession of the 25 cents in the above Survey No.9/3C situated in Kallimanthayam Village, Ottanchathiram, Dindigul. For Petitioner : Mr.Babu Rajendran For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 to R6

ORDER

An order dated 14.06.2022 of the Revenue Divisional Officer is challenged in this writ petition. The said order was assailed by the petitioner by way of appeal before the District Revenue Officer. The said appeal was allowed by order dated 31.01.2024 and the matter was remanded to the Revenue Divisional Officer for reconsideration. The present writ petition has been filed while the remanded proceedings are pending before the Revenue Divisional Officer.

2. Learned counsel for the petitioner submits that the petitioner was constrained to file the present writ petition because the revenue officials encroached on the petitioner's land and put up a construction while the matter remains pending adjudication.

2/5

3. Learned Special Government Pleader accepts notice for the respondents 1 to 6. He submits that the writ petition is not maintainable in as much as it is directed against an order that was set aside by the District Revenue Officer on appeal.

4. The submission of learned Special Government Pleader is liable to be accepted because the record shows that the appeal was allowed and the matter was remanded for reconsideration by the second respondent.

5. By taking into account the submissions of learned counsel for the petitioner that the lands have been encroached upon and that construction is ongoing, it is just and necessary that the Revenue Divisional Officer be directed to dispose of the pending proceedings expeditiously.

6. Accordingly, without expressing any opinion on the merits, this writ petition is disposed of by directing the Revenue Divisional Officer to consider and dispose of the remanded proceedings within two months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner, the 7th respondent and any other person concerned. No costs. Consequently, connected miscellaneous petitions are also closed. 29.10.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/5