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Edward v. The District Collector

Madras HC26 Jun 2025WP(MD)/17260/2025

Case brief

AI extract

What is this about?

Edward v. District Collector, Thoothukudi & others, W.P.(MD) No.17260 of 2025 (Madras High Court, Madurai Bench, S.Sounthar J., 26.06.2025): petition for separate patta (Survey Nos.135, 89 cents, Vembar South) founded on RDO order Ni.Mu.A2/500/2024 dated 10.07.2024; fourth respondent's revision dated 26.07.2024 pending before District Revenue Officer; petition disposed of without deciding merits, DRO directed to decide revision within twelve weeks after notice to both sides.

What did the court decide?

No mandamus issued on merits. Writ petition disposed of by directing the District Revenue Officer, Thoothukudi, to consider the fourth respondent's revision petition dated 26.07.2024 and dispose of it in accordance with law within twelve weeks, after issuing notice to the petitioner and the fourth respondent. No costs. ¶35

Edward Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the third respondent (Tahsildar, Vilathikulam Taluk) should be directed to issue separate patta in favour of the petitioner in respect of Survey Nos.135 measuring 89 cents at Vembar South, Vilathikulam Taluk, Thoothukudi District, in light of the second respondent's order in Ni.Mu.A2/500/2024 dated 10.07.2024.

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Court's answer

The Court expressly refrained from expressing any opinion on the merits and directed the District Revenue Officer, Thoothukudi, to consider the revision petition filed by the fourth respondent dated 26.07.2024.

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Ratio / Principle

Notice to the fourth respondent was dispensed with, since no adverse order was being passed against him.

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Key takeaways

The District Revenue Officer was directed to dispose of the revision in accordance with law within twelve weeks from receipt of a copy of the order, after issuing notice to the petitioner and the fourth respondent; the writ petition was disposed of with no costs.ratio¶35

Detailed headnote1 paragraphs

Writ of Mandamus under Article 226 seeking a direction to the Tahsildar, Vilathikulam Taluk, to issue separate patta to the petitioner in respect of Survey Nos.135 measuring 89 cents at Vembar South, in light of the Revenue Divisional Officer's order in Ni.Mu.A2/500/2024 dated 10.07.2024. The fourth respondent had filed a revision petition dated 26.07.2024 before the District Revenue Officer, Thoothukudi, challenging that order; the DRO called for records on 27.08.2024 (Na.Ga.No.D6/2310354/2024) and the records were submitted on 11.06.2025. Held: taken up for final disposal by consent at the admission stage, notice to the fourth respondent dispensed with as no adverse order was passed against him; without expressing any opinion on the merits, the Court disposed of the writ petition directing the District Revenue Officer to consider and dispose of the revision in accordance with law within twelve weeks, after issuing notice to the petitioner and the fourth respondent. No costs.

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W.P.(MD) No.17260 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 26.06.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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W.P.(MD) No.17260 of 2025

Edward

... Petitioner

Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

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2.Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

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3.The Tahsildar, Vilathikulam Taluk, Thoothukudi District.

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4.Jeyaraj

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... Respondents

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Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the third respondent

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to issue separate patta in the petitioner's favour in respect of the property in Survey Nos.135 measuring to an extent of 89 cents, situated at Vembar

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.17260 of 2025

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South, Vembar, Vilathikulam Taluk, Thoothukudi District, as per the light of the proceedings of the second respondent in Ni.Mu.A2/500/2024, dated 10.07.2024.

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For Petitioner : Mr.A.Rajaram For R1 to R3 : Mr.A.Baskaran Additional Government Advocate

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ORDER

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This writ petition is filed seeking a direction to the third respondent to issue separate patta in favour of the petitioner in respect of the property situated in Survey Nos.135, measuring 89 cents, Vembar South,Vilathikulam Taluk, Thoothukudi District, in light of the order passed by the second respondent in Ni.Mu.A2/500/2024, dated 10.07.2024.

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2.Heard the arguments of Mr.A.Rajaram, learned counsel appearing for the petitioner and Mr.A.Baskaran, learned Additional Government Pleader appearing for the respondents 1 to 3. Since no

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.17260 of 2025

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adverse order is passed against the fourth respondent, notice to him is dispensed with.

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3.By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

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4.When the writ petition is taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the fourth respondent herein challenged the order passed by the second respondent dated 10.07.2024 before the District Revenue Officer, Thoothukudi, by filing a revision petition dated 26.07.2024. He would further submit that the District Revenue Officer, in his proceedings in Na.Ga.No.D6/2310354/2024, dated 27.08.2024, called for the records from the second respondent and the records were submitted before the District Revenue Officer on 11.06.2025.

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5.In view of the same, without expressing any opinion on the merits of the matter, the District Revenue Officer, Thoothukudi, is directed to consider the revision filed by the fourth respondent dated

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_________ Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.17260 of 2025

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26.07.2024 and dispose of the same in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner and fourth respondent. Accordingly, this Writ Petition is disposed of. No costs.

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26.06.2025

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NCC : Yes/No Index : Yes/No Internet : Yes/No cp

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