N.Senthil v. The District Collector

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 03.12.2025

CORAM

THE HONOURABLE MR. JUSTICE K.SURENDER W.P.(MD)No.34941 of 2025 and WMP(MD) No.27631 of 2025 N.Senthil ... Petitioner Vs

1. The District Collector, Collector Office, Madurai - 20..

2. The Revenue Divisional Officer, Vellaripatty, Near Tvs, Madurai District..

3. The Tashildhar, Madurai South Taluk, Madurai District..

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records related to the order passed by 3rd respondent in Na.Ga.No.1495/2025/A4 dt. 31.10.2025 quash the same and consequently direct the 3rd respondent to issue the patta to the petitioner for S.No.24/4 in Kallambal Village, Madurai South Taluk, Madurai. 1/5

For Petitioner : Mr.R.Ramasamy For Respondents : Mr.R.Ragavendran for R1 to R3 Government Advocate

O R D E R

The writ petition is filed challenging the impugned order of the 3rd respondent in Na.Ga.No.1495/2025/A4 dt. 31.10.2025 and consequently to direct the 3rd respondent to issue the patta to the petitioner for S.No. 24/4 in Kallambal Village, Madurai South Taluk, Madurai.

2. Both parties are present and by considering their arguments, this Writ Petition is disposed of at the admission stage itself.

3. This Court has passed an order in Rev.Aplw (MD) No.62 of 2025, wherein, the following direction has been issued: "4.In view of the above circumstances, which was not brought to my notice at the time of the writ petition being disposed of, the order dated 05.03.2025 in WP(MD) No.5937 of 2025 is recalled. The review application is allowed, directing the fourth respondent/Tahsildar shall conduct enquiry and refer to 2/5

the present revenue records and if Survey No.24/4 is no longer water body and if the revenue records had been subsequently changed/modified, then suitable orders may be passed, based on the petitioner's application for issuance of patta. The said exercise shall be carried out within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs."

4. Now, the present writ petition has been filed mainly on the ground that though specific directions were given, the said aspects reflected in the order of the writ/review petition were not followed by the Tahsildar.

5. Under Section 12 of the Tamil Nadu Patta Passbook Act, if any person is aggrieved by an order of the Tahsildar, an appeal has to be filed before the competent authority. The petitioner, without agitating the order of the Tahsildar in appeal, has directly come to this Court.

6. The writ petition is disposed of granting liberty to the petitioner to approach the appellate authority and file an appeal under Section 12 of the said Act. All the grounds raised in the present writ petition can as 3/5

well be agitated before the appellate authority. On such filing of the appeal, the appellate authority shall consider and dispose of the same, as expeditiously as possible. There shall be no order as to costs. Consequently connected Miscellaneous Petition is closed. (K.SURENDER, J.) 03.12.2025 NCC : Yes/No Index : Yes/No RR To

1. The District Collector, Collector Office, Madurai - 20..

2. The Revenue Divisional Officer, Vellaripatty, Near Tvs, Madurai District..

3. The Tashildhar, Madurai South Taluk, Madurai District..

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K.SURENDER, J.

RR W.P (MD) No.34941 of 2025 03.12.2025 5/5