S.Selvaraj vs The Revenue Divisional Officer
2023 Latest Caselaw 2013 Mad

                                                                             WP(MD)No.17853/2014

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 07.03.2023

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                              WP(MD)No.17853/2014 &
                                                MP(MD)No.1/2014

                     S.Selvaraj                                          ... Petitioner
                                                     -Vs-

                     1.The Revenue Divisional Officer,
                       O/o.The Revenue Divisional Officer,
                       Devakottai, Sivagangai District.

                     2.The Tahsildar,
                       Tirupathur Taluk,
                       Sivagangai District.

                     3.C.Vellaikannu                                      ... Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India
                     to issue a Writ of Certiorari calling for the records pertaining to the
                     impugned order dated 09.10.2014 in Aa9/10629/14 on the file of the
                     second respondent delivered on 15.10.2014 and quash the same as
                     illegal.

                                    For Petitioner   :      Mr.S.Rajasekar

                                    For Respondents :       Mr.S.Shaji Bino,
                                                            Special Government Pleader
                                                            for R1 and R2
                                                            No appearance for R3

                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                   WP(MD)No.17853/2014


                                                         ORDER

This Writ Petition is filed as against the order dated 09.10.2014

passed by the Tahsildar, the second respondent herein in Aa9/10629/14.

2. The learned counsel for the petitioner submits that the patta

which originally stood in the name of the petitioner's father has been

changed in the name of the third respondent without any notice to the

petitioner and therefore on the violation of the principles of natural

justice, this petitioner has preferred this Writ Petition before this Court.

3. Pending this Writ Petition, this petitioner has also preferred a

suit before the learned District Munsif, Thirupathur in OS.No.163/2015

for the relief of declaration and permanent injunction and the same was

decreed in his favour by the Trial Court vide Judgment and Decree dated

30.11.2022 and the title of the land has now been confirmed by the Civil

Court.

4. No representation for the third respondent.

https://www.mhc.tn.gov.in/judis WP(MD)No.17853/2014

5. Though this Writ Petition is filed challenging the order of the

Tahsildar, the second respondent herein on the ground of violation of the

principles of natural justice, this petitioner has also approached the

competent Court ie., District Munsif Court, Thirupathur and obtained a

decree in his favour. In view of the subsequent developments, this Writ

Petition is disposed of with a direction to the petitioner to submit a

representation to the Tahsildar, the second respondent herein along with

the decree in OS.No.163/2015 on the file of the District Munsif Court,

Thirupathur, within a period of two weeks from the date of receipt of a

copy of this order. On such representation, the Tahsildar, the second

respondent herein shall pass necessary orders on merits and in

accordance with law, within a period of six weeks from the date of

receipt of such representation, after providing an opportunity to the third

respondent. No costs. Consequently, the connected Miscellaneous

Petition is closed.

07.03.2023 NCC: Yes / No Index :Yes / No Speaking Order : Yes / No

mbi

https://www.mhc.tn.gov.in/judis WP(MD)No.17853/2014

B.PUGALENDHI, J.

mbi

To

1.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Devakottai, Sivagangai District.

2.The Tahsildar, Tirupathur Taluk, Sivagangai District.

WP(MD)No.17853/2014 & MP(MD)No.1/2014

07.03.2023

https://www.mhc.tn.gov.in/judis