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Madras High CourtWP(MD)/35915/2025disposed of

Bose v. District Revenue Officer,

2025-12-16Honourable Mr.Justice K. Surender5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER Bose ... Petitioner Vs.

1.District Revenue Officer, Nilakkottai, Dindigul.

2.Revenue Divisional Officer, Nilakkottai, Dindigul.

3.The Thasildar, Nilakkottai, Dindigul.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the third respondent from issuing patta pending disposal of appeal before the first respondent in respect of Survey No.431/15B, Kombai Village, Nilakkottai. For Petitioner : Mr.P.Malini For Respondents : Mr.D.Sadiq Raja Additional Government Pleader ***** Page No. 1 of 5

O R D E R

This writ petition has been filed seeking the issuance of a Writ of Mandamus directing the third respondent not to issue patta in respect of the land in Survey No.431/15B, situated at Kombai Village, Nilakkottai, pending disposal of the appeal before the first respondent.

2. With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the petitioner submits that one Rajagopal filed a petition before the second respondent, namely, the Revenue Divisional Officer, seeking cancellation of Patta No.1297 standing in the name of the petitioner in respect of the subject property and for issuance of patta in his favour; that the second respondent, vide order dated 26.02.2025, cancelled Patta No.1297 and directed the third respondent, the Tahsildar, to issue patta in the name of the said Rajagopal based on the documents and encumbrance certificate; that challenging the said order, the petitioner has filed a statutory appeal before the first respondent, the District Revenue Officer, which is pending, and therefore, the petitioner has filed the present writ petition seeking a direction to the Page No. 2 of 5

third respondent not to issue patta in respect of the land in Survey No. 431/15B, pending disposal of the appeal before the first respondent.

4. The learned Additional Government Pleader appearing for the respondents submits that the petitioner's appeal will be disposed of by the first respondent in accordance with law and therefore, there is no necessity to issue any direction as prayed for by the petitioner.

5. In view of the above submissions, and without expressing any opinion on the merits of the matter, this writ petition is disposed of with a direction to the first respondent to dispose of the petitioner's appeal on its merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. Needless to state, before passing any order in the appeal, the petitioner, the said Rajagopal, and any other persons who may be affected by the decision shall be heard. In the event of any rival claims, the same may be agitated before the competent civil court. There shall be no order as to costs.

[K.SURENDER, J.] 16.12.2025 JEN Index : Yes / No Page No. 3 of 5

To 1.District Revenue Officer, Nilakkottai, Dindigul.

2.Revenue Divisional Officer, Nilakkottai, Dindigul.

3.The Thasildar, Nilakkottai, Dindigul.

Page No. 4 of 5

K.SURENDER , J.

JEN 16.12.2025 Page No. 5 of 5