Madras High Court

V.Malaichamy vs All India Islamic Foundation on 3 June, 2025

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                    1             W.A.(MD)NO.1333 OF 2025

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                             DATED : 03.06.2025
                                                          CORAM
                                  THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
                                                            AND
                                      THE HON'BLE MR.JUSTICE K.RAJASEKAR
                                          W.A.(MD)No.1333 of 2025 AND
                                           C.M.P.(MD)No.8128 of 2025

                     V.Malaichamy                                   ... Appellant/ 4th Respondent

                                                              Vs.

                     1. All India Islamic Foundation,
                        Rep. by its Secretary,
                        Buhari Towers, Ground Floor,
                        4, Moores Road,
                        Chennai – 600 006.         ... Respondent No.1/Writ petitioner

                     2. The District Collector,
                        O/o.the District Collector,
                        Madurai.

                     3. The District Revenue Officer,
                        O/o.the District Revenue Officer,
                        Madurai District,
                        Madurai.

                     4. The Tahsildar,
                        Madurai North Taluk,
                        Madurai District.    ... Respondents 1 to 3 / Respondents 1 to 3




                     1/4


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                                                                         2              W.A.(MD)NO.1333 OF 2025

                                  Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to
                     allow the writ appeal and set aside the order in W.P.(MD)No.1673 of
                     2025 dated 12.03.2025 on the file of this Court.


                                  For Appellant       : Mr.C.Ezhilarasu

                                  For R-1             : Mr.B.Saravanan,
                                                        Senior counsel,
                                                        for M/s.Ajmal Associates.

                                  For R-2 to R-4      : Mr.N.Satheesh Kumar,
                                                        Additional Government Pleader.

                                                                  ***

                                                          JUDGMENT

(Order of the Court was delivered by G.R.SWAMINATHAN, J.)

Heard both sides.

2. This writ appeal is directed against the order dated

12.03.2025 made in W.P.(MD)No.1673 of 2025. The said writ petition

was filed by the first respondent herein challenging the proceedings

dated 27.11.2024 passed by the District Revenue Officer, Madurai in

favour of the appellant herein.

3. The learned single Judge had taken note of the fact that there

are too many contentious aspects involving the question of title and

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therefore, in view of the decision of the Hon'ble Division Bench of

this Court reported in 2011 (5) CTC 94 (Vishwas Footwear

Company Ltd., Vs. The District Collector, Kancheepuram), the

revenue authority cannot go into the same.

4. We are of the view that the approach adopted by the learned

single Judge cannot be faulted. It is also to be seen that the writ

petitioner / first respondent herein had purchased the disputed

property way back in the year 1996 and that the sale deed was

registered in the year 1997. Patta was also mutated in favour of the

writ petitioner nearly thirty years ago. It is for this reason, the

learned single Judge called upon the appellant herein to move the

jurisdictional civil Court to establish his rights. The order impugned

in the writ appeal cannot be faulted. This writ appeal stands

dismissed. No costs. Consequently, connected miscellaneous petition

is closed.

(G.R.SWAMINATHAN, J.) & (K.RAJASEKAR, J.) 3rd June 2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU

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G.R.SWAMINATHAN,J.

AND K.RAJASEKAR, J.

PMU

To:

1. The District Collector, O/o.the District Collector, Madurai.

2. The District Revenue Officer, O/o.the District Revenue Officer, Madurai District, Madurai.

3. The Tahsildar, Madurai North Taluk, Madurai District.

03.06.2025

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