Madras High Court
S.Muniyappan vs The District Revenue Officer on 25 September, 2025
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
W.P(MD)No. 26668 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :25.09.2025
CORAM:
THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No. 26668 of 2025
and
W.M.P.(MD) Nos.20675, 20676 of 2025
S.Muniyappan ... Petitioner
Vs
1. The District Revenue Officer,
Uthamapalayam,
Theni District.
2. The Revenue Divisional Officer,
Uthamapalayam,
Theni District.
3. Otchu
4. Vanitha
5. Yuvaraja ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus to
call for the entire records pertaining to the impugned proceedings passed
by the first respondent in Na.Ka.No. 8286/2025/D4 dated 11.08.2025
whereby confirming the second respondent proceedings in Pa.Mu.No.
49/2024/A4, dated 29.04.2024 and set aside the same and consequently,
direct first and second respondents to restore the patta in favour of the
petitioner and others in Survey No.33 measuring to an extent 9 Acres 83
1/8
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W.P(MD)No. 26668 of 2025
cents land at Kutchanur village, Uthamapalayam Taluk, Theni District
within a time frame as fixed by this Court.
For Petitioner : Mr.S.Balaji
For Respondents : Mr.K.R.Badurus Zaman
Government Advocate for 1 & 2
ORDER
The petitioner had challenged the patta transfer in favour of the
private respondents herein in proceedings before the Revenue Divisional
Officer. The said proceeding was decided by an order dated 29.04.2024
in favour of the private respondents herein. The petitioner carried the
matter in revision before the District Revenue Officer. The said
proceedings culminated in an order dated 11.08.2025 affirming the
decision of the Revenue Divisional Officer. These concurrent orders are
assailed in this Writ Petition.
2. Learned counsel for the petitioner invited my attention to the
settlement 'A' register referred to in the impugned order of the District
Revenue Officer. He points out that patta No.1456 had been issued to
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Ramalingam Samy Devar and 7 others. He also points out that patta had
been issued during the UDR in the names of Gopalsamy Devar and 7
others. Learned counsel contends that the petitioner is a descendant of
the sixth person mentioned therein, namely, Vellaithayammal. According
to learned counsel, the revenue records were subsequently erroneously
mutated and currently stand in the names of respondents 3 to 5 herein.
Because such mutations were made without notice to the petitioner, it is
submitted that interference is warranted with both the impugned orders.
3. Learned Government Advocate accepts notice on behalf of
respondents 1 and 2. By inviting my attention to the operative paragraphs
of the order of the District Revenue Officer, learned Government
Advocate contends that all the material documents were taken into
consideration, including the judgment and decree issued in O.S.No.89 of
2017. In view of concurrent factual findings by the Revenue Divisional
Officer and the District Revenue Officer, he contends that no case is
made out for interference.
4. On perusal of the orders of the Revenue Divisional Officer and
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District Revenue Officer, it is clear that the petitioner was heard before
the said orders were issued. The said orders set out the pleadings of the
rival parties and the statements made by the Village Administrative
Officer. The status of revenue records from the settlement 'A' register till
date has also been captured. As regards the order of the District Revenue
Officer, it also extracts the decision of the Revenue Divisional Officer.
5. Thereafter, in the operative portion, the District Revenue Officer
has held as follows:
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6. The above extract discloses that factual findings were entered
after assessing the material documents on record, including the judgment
and decree in O.S.No.89 of 2017. In these circumstances, I see no reason
to interfere in the exercise of judicial review. Consequently, this Writ
Petition is dismissed without any order as to costs by leaving it open to
the petitioner to initiate proceedings before the jurisdictional civil court.
No costs. Consequently, connected miscellaneous petitions are closed.
NCS : Yes/No 25.09.2025
Index : Yes / No
Internet : Yes / No
apd
To
1. The District Revenue Officer,
Uthamapalayam,
Theni District.
2. The Revenue Divisional Officer,
Uthamapalayam,
Theni District.
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SENTHILKUMAR RAMAMOORTHY.,J.
apd
ORDER MADE IN
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25.09.2025
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