Madras High Court
Sundarraj vs / on 5 February, 2025
W.P.(MD)No.3326 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.02.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI
W.P.(MD)No.3326 of 2025
Sundarraj ... Petitioner
/Vs./
1.The District Collector,
Office of the District Collector,
Madurai District.
2.The District Revenue Officer,
Madurai District,
Madurai.
3.The Revenue Divisional Officer,
Usilampatti,
Madurai District.
4.The Tahsildar,
Kallikudi,
Thirumangalam Taluk,
Madurai District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the second respondent herein to
Enquire into the Recommendation letter issued by the third respondent to
the fourth respondent in Na.Ka.No.2816/2019 dated 16.05.2019.
1/6
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W.P.(MD)No.3326 of 2025
For Petitioner : Mr.K.P.Ramesh
For Respondents : Mr.C.Satheesh
Government Advocate
ORDER
By consent of both parties, the Writ Petition is taken up for
final disposal at the admission stage itself.
2. I have heard the learned counsel appearing on either side
and perused the materials placed before this Court.
3. The petitioner has filed this writ petition seeking issuance
of writ of mandamus to direct the second respondent to enquire into the
recommendation letter issued by the third respondent to the fourth
respondent in Na.Ka.No.2816/2019, dated 16.05.2019.
4. The revision petition is pending before the second
respondent. The petitioner earlier filed W.P(MD)No.1499 of 2018. The
said writ petition was disposed of by this Court on 04.04.2019 with a
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direction to the third respondent to conduct an enquiry after hearing both
the parties and take decision in accordance with law. Aggrieved by the
said order, the petitioner filed writ appeal in W.A(MD)No.574 of 2019.
The said writ appeal was disposed of by the Division Bench of this Court
on 11.06.2024 with a direction to the petitioner to approach the District
Revenue Officer with an appeal to challenge the order of the Revenue
Division Officer, dated 16.05.2019.
5. It is a specific case of the petitioner that pursuant to the
judgment of the Division Bench, the petitioner has filed a revision before
the second respondent and the same is pending. According to the
petitioner, the respondents 5 to 37 in the writ appeal are totally
unnecessary parties and their presence in the revision would only
complicate the matter and also multiply litigation and therefore, seek for
writ of mandamus to the second respondent to take into consideration the
recommendation letter of the third respondent issued to the fourth
respondent as early as on 16.05.2019.
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6. Admittedly, the revision is pending before the second
respondent. The writ petition filed by the petitioner was disposed of by
this Court on 04.04.2019 specifically stating that the third respondent
would have to conduct an enquiry after hearing both parties. It is for the
revisional authority to consider and decide whether the said private
respondents are proper and necessary parties to the revision.
Considering the objections raised by the petitioner in this regard, it
would suffice to direct the second respondent to take up the issue of the
respondents 5 to 37 being proper and necessary party as a preliminary
issue and decide the same. The preliminary issue shall be decided after
giving an opportunity to the petitioner as well as the private respondents
4 to 37 in the writ appeal within a period of six weeks from the date of
receipt of a copy of this order and subject to any findings rendered in the
preliminary investigation, further process may continue in the revision
petition including whether lands are patta lands or Natham lands and the
revision shall be decided within a period of eight weeks thereafter.
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7. With the above direction, the writ petition is disposed of.
No costs.
Index : Yes / No
NCC : Yes / No 05.02.2025
am
TO:-
1.The District Collector,
Office of the District Collector,
Madurai District.
2.The District Revenue Officer,
Madurai District,
Madurai.
3.The Revenue Divisional Officer,
Usilampatti,
Madurai District.
4.The Tahsildar,
Kallikudi,
Thirumangalam Taluk,
Madurai District.
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P.B. BALAJI, J.
am
Order made in
Dated:
05.02.2025
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