Madras High Court
Ravichandran vs The District Collector on 4 November, 2024
Author: M.S.Ramesh
Bench: M.S. Ramesh
WA(MD). No.2204 of 2024A(MD). No.2204 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 04/11/2024
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH
AND
THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE
WA(MD). No.2204 of 2024
Ravichandran ... Appellant
Vs
1. The District Collector,
Dindigul District, Dindigul..
2. The Revenue Divisional Officer,
Nilakottai Taluk, Dindigul District..
3. The Tahsildar,
Nilakkottai Taluk,
Dindiful District.. ... Respondents
PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against the
order dated 26.02.2024 in WP(MD). No. 4326/2024.
For Appellant : Mr.S.Saravana Kumar,
For Respondents : Mr.S.Shaji Bino
Special Government Pleader
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WA(MD). No.2204 of 2024A(MD). No.2204 of 2024
JUDGMENT
(Judgment of the Court was delivered by M.S.RAMESH, J.)
Challenge is made to the order of the writ Court dated 26.02.2024 in
WP(MD) No.4326/2024.
2. When the writ petitioner had made an application under Section 10 of
the Patta Passbook Act seeking for cancellation of joint patta and seeking for
separate patta for himself, the learned single Judge had granted liberty to the
writ petitioner to appear before the concerned Tahsildar along with his mother
and other pattadars and if consensus is arrived among the parties for grant of
individual patta, the same shall be complied with. It was further observed by
the learned Single Judge therein that in any case, the genuineness of the Will is
questioned, the parties shall be relegated to approach the concerned
jurisdictional civil Court. In the light of this finding, all the joint pattadars had
appeared before the concerned Tahsildar and after recording their objections, a
final order under Section 10 of the Act came to be passed by the Tahsildar, on
19.07.2024, wherein, the Tahsildar had granted liberty to the parties to
approach the civil Court to enforce their rights. The appellant has not
challenged this order, but seeks for interference to the order passed by the writ
Court. When the order of the writ Court has already been complied with by the
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WA(MD). No.2204 of 2024A(MD). No.2204 of 2024
Tahsildar, we will not be in a position to interfere with the order in the writ
petition, rather, the only remedy available to the appellant would be to
challenge the final orders by way of appeal under Section 12 of the Patta
Passbook Act.
3. In the light of the above, liberty is granted to the appellant to prefer an
appeal with the concerned authority within a period of 15 days from the date of
receipt of a copy of this order. On receipt of the appeal, the appellate authority
shall consider it on its own merits and pass appropriate orders in accordance
with the procedure contemplated under Section 12 of the Patta Passbook Act as
expeditiously as possible.
4. The writ appeal stands disposed of with the above direction. No costs.
[M.S.R.,J] [A.D.M.C.,J]
04.11.2024
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WA(MD). No.2204 of 2024A(MD). No.2204 of 2024
NCC : Yes/No
Index : Yes/No
RR
TO
1. The District Collector,
Dindigul District, Dindigul..
2. The Revenue Divisional Officer,
Nilakottai Taluk, Dindigul District..
3. The Tahsildar,
Nilakkottai Taluk,
Dindiful District..
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WA(MD). No.2204 of 2024A(MD). No.2204 of 2024
M.S.RAMESH,J
AND
A.D.MARIA CLETE, J.
RR
ORDER
IN
Date : 04/11/2024
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