Citation : 2026 Latest Caselaw 1630 Mad
Judgement Date : 7 April, 2026
WP No. 11844 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-04-2026
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE
WP No. 11844 of 2026
AND
WMP NO. 12926 OF 2026,WMP NO. 12927 OF 2026
1. A.Sripi
S/o Late Mr. Ashokan, Anjaneyar Koil
Street, Poonamallee, Chennai 600 056
Petitioner(s)
Vs
1. The District collector
Tiruvallur District
2.The District Revenue officer
Tiruvallur District
3.The Revenue Divisional officer
Tiruvallur Revenue Division, tiruvallur
District
4.Kanniappan
residing at, No 10 Saravana Ayyappa
New Tech Apartment, Ganapathy Raj
Nagar Main Road, Virugambakkam,
Chennai 600 092
5.Sandhiya Rani
residing at, No 10 Saravana Ayyappa
New Tech Apartment, Ganapathy Raj
Nagar Main Road, Virugambakkam,
Chennai 600 092
6.Saravanan
residing at, No 10 Saravana Ayyappa
New Tech Apartment, Ganapathy Raj
Nagar Main Road, Virugambakkam,
https://www.mhc.tn.gov.in/judis
WP No. 11844 of 2026
Chennai 600 092
7.Sadasivam
residing at, No 10 Saravana Ayyappa
New Tech Apartment, Ganapathy Raj
Nagar Main Road, Virugambakkam,
Chennai 600 092
Respondent(s)
PRAYER
Calling for the records relating to the proceedings of the 3rd respondent
Revenue Divisional officer, Thiruvallur in Na.Ka 45468 / 2025 / A2 dated
01.02.2026 and quash the same as illegal, arbitrary and violative of principles of
naturl justice, (b) Consequently, direct the respondents 1 to 3 to cancel the new
patta No. 11345 dated 08.02.2026 issued in favour of respondents 4 to 7
Kanniappan, Sandhiya Rani, Saravanan, and Sadasivam in respect of S. no 223 /
55, Kattupakkam village, Poonamallee Taluk, Thiruvallur District and restore
existing patta No 9712 comprising S. No 223/55 to a extent of 0.16.59 Ares ( 41
cents) in the name of the petitioner for the said property
For Petitioner(s): M.Balaji
For Respondent: Mr. C. Jayaprakash, learned
Government Advocate for R1 to
R3
R4 to R7 – notice dispensed with
ORDER
This writ petition has been filed, challenging the impugned proceedings
of the third respondent dated 31.01.2026.
2. As seen from the impugned proceedings of the third respondent, it is a
speaking order. If aggrieved by the same, there is an appellate remedy available
to the petitioner before the District Revenue Officer (DRO) viz., the second
respondent herein. Instead of preferring an appeal, the petitioner has filed this
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writ petition.
3. The learned counsel for the petitioner would now submit on
instructions that the petitioner is willing to file an appeal before the second
respondent as against the impugned order dated 31.01.2026. The petitioner also
seeks for interim protection from this Court.
4. Being a speaking order, the petitioner cannot seek for interim
protection from this Court that too when there is an appellate remedy available
to the petitioner. If the petitioner is desirous of seeking for interim protection, he
has to approach the competent civil court.
5. Mr. C. Jayaprakash, learned Government Advocate accepts notice on
behalf of the respondents 1 to 3. Since no adverse orders are passed against the
respondents 4 to 7, notice to the respondents 4 to 7 is dispensed with by this
Court.
6. This Court is not expressing any opinion on the merits of the
petitioner’s representation.
7. After hearing the submissions made by the learned counsel for the
petitioner, this writ petition is disposed of by directing the petitioner to file an
appeal before the second respondent as against the impugned proceedings of the
third respondent dated 31.01.2026 within a period of 15 days from the date of
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receipt of a copy of this order. On receipt of the said appeal, within the
stipulated time, the second respondent shall dispose of the said appeal on merits
and in accordance with law after hearing the objections of the respondents 4 to 7
and any other third party whom the second respondent deems it fit to enquire
and by adhering to the principles of natural justice within a period of 12 weeks
thereafter. No Costs. Consequently, connected writ miscellaneous petitions are
closed.
07-04-2026
Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ab
https://www.mhc.tn.gov.in/judis
To
1.The District collector Tiruvallur District
2.The District Revenue officer Tiruvallur District
3.The Revenue Divisional officer Tiruvallur Revenue Division, tiruvallur District
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE J.
ab
AND WMP NO. 12926 OF 2026,WMP NO.
12927 OF 2026
07-04-2026
https://www.mhc.tn.gov.in/judis
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