Madras High Court
P.Saraswathi vs The Revenue Divisional Officer on 15 September, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.18203 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2025
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P.No.18203 of 2009
Palanisamy (Died)
1. P.Saraswathi
2. P.Ravichandran
3. P.Poongodi .. Petitioners
(P2 to P4 substituted as LRs of deceased
sole petitioner vide order dated 02.12.2021
made in W.M.P.No.22254 of 2020
in W.P.No.18203 of 2009)
Vs
1. The Revenue Divisional Officer
Namakkal
2. The Special Tahsildhar
Natham Scheme
Namakkal
3. Perumal .. Respondents
Writ Petition filed under Article 226 of the Constitution of India to
issue Writ of certiorari calling for the records connected with the
proceedings No.Na.Ka.3172/2009 a6 dated 31.08.2009 on the file of first
respondent herein and quash the same.
1/6
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W.P.No.18203 of 2009
For Petitioner : Mr.T.R.Rajaraman
Senior counsel
Mr.S.T.Bharath Gowtham
For Respondents : Mr.T.M.Rajangam
Govt. Advocate for R1 and R2
ORDER
This writ petition has been filed to quash the proceedings of the
first respondent dated 31.08.2009.
2. It is the case of the petitioner that during the Natham Settlement
proceedings, the petitioner was granted patta in S.No.227/10 to an extent
of 0.1129.0 square meters vide Patta No.619 and the same was objected
by one Perumal, son of Peria Gounder, who filed an appeal before the
Revenue Divisional Officer, Namakkal vide Appeal dated 09.09.2008.
After adjudication, the patta granted in favour of petitioner was cancelled
vide impugned order dated 31.08.2009. Challenging the same, the
present writ petition is filed.
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3. The learned Senior counsel appearing for the petitioners submits
that as Perumal, the third respondent herein interfered with the peaceful
possession of the petitioners, a civil suit was filed in O.S.No.354 of 2006
on the file of District Munsif Court, Namakkal for declaration and
injunction and the said suit was decreed in favour of the petitioner
against which the defendant filed an appeal in A.S.No.2 of 2010 on the
file of Additional Subordinate Judge, Namakkal and the said appeal was
partly allowed against which the petitioner preferred a second appeal
before this Court in S.A.No.312 of 2012.
4. Learned Senior counsel appearing for the petitioner submits that
notwithstanding the impugned order, the petitioner may be granted liberty
to file a fresh application and subject to the result of the second appeal,
the respondents 1 and 2 may be directed to consider the said application
in the light of the orders passed in the second appeal.
5. Learned Government Advocate has no objection to the said order
being passed and further submitted that if such an application is filed, the
same will be considered in the light of the orders, if any, passed in the
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second appeal and orders will be passed in accordance with law
. 6. In view of the stand taken by the learned counsel appearing on
either side and also the limited request made by the learned senior
counsel appearing for the petitioner, this writ petition is disposed of
granting liberty to the petitioner to make a fresh application before the 1st
respondent after disposal of S.A.No.312 of 2012 and on such application
being filed, the 1st respondent is directed to consider the same and pass
appropriate orders in accordance judgment in S.A.No.312 of 2012, which
is stated to be pending on the file of this Court. There shall be no order as
to costs.
15.09.2025
Index: Yes/No
Neutral Citation : Yes/No
gpa
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To
1. The Revenue Divisional Officer
Namakkal
2. The Special Tahsildhar
Natham Scheme, Namakkal
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M.DHANDAPANI, J.
gpa
16.09.2025
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