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Kumarathal v. The District Revenue Officer

Madras HC17 Jul 2025WP(MD)/19273/2025

Case brief

AI extract

What is this about?

Mandamus; direction to decide pending revenue appeal; patta cancellation; excess extent 18 cents; Survey No.86/1; Puthur Village; Palani Taluk; Dindigul District; Revenue Divisional Officer, Palani; Tahsildar, Palani Taluk; District Revenue Officer, Dindigul; appeal dated 12.01.2024; Na.Ka.No.820/24/A1 dated 17.05.2024; 12-week timeline; notice to private respondents; Article 226 Constitution of India; writ of mandamus; Kumarathal v. Veluchamy and Geetha; W.P.(MD)No.19273 of 2025; S.Sounthar J.; decided 17.07.2025; disposed of, no costs.

What did the court decide?

Writ petition disposed of with a direction to the second respondent to consider the appeal dated 12.01.2024 and pass final orders on merits within 12 weeks from receipt of a copy of the order, after notice to the petitioner and respondents 4 and 5; no costs. ¶36

Kumarathal Vs The District Revenue Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing the second respondent (Revenue Divisional Officer, Palani) to consider and pass orders on the petitioner's appeal dated 12.01.2024 seeking cancellation of the patta issued in favour of the fourth respondent in respect of the excess extent of 18 cents in Survey No.86/1, Puthur Village, Palani Taluk, Dindigul District.

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Court's answer

Without expressing any opinion on the merits, the second respondent is directed to consider the petitioner's appeal dated 12.01.2024 and pass final orders on its own merits within 12 weeks from receipt of a copy of the order, after issuing notice to the petitioner and respondents 4 and 5.

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Detailed headnote1 paragraphs

Madras High Court, Madurai Bench (S.Sounthar, J.) — Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the Revenue Divisional Officer, Palani (second respondent) to consider and pass orders on the petitioner's (Kumarathal) appeal dated 12.01.2024 seeking cancellation of the patta issued in favour of the fourth respondent (Veluchamy) in so far as the excess extent of 18 cents comprised in Survey No.86/1, Puthur Village, Palani Taluk, Dindigul District. The appeal had been filed on 12.01.2024; the second respondent, in proceedings Na.Ka.No.820/24/A1 dated 17.05.2024, called for a report from the Tahsildar, Palani Taluk, but no progress followed. The learned Additional Government Pleader submitted that the appeal would be considered in accordance with law within the time stipulated by the Court. Without expressing any opinion on the merits, the Court directed the second respondent to consider the appeal dated 12.01.2024 and pass final orders on its own merits within 12 weeks from the date of receipt of a copy of the order, after issuing notice to the petitioner and respondents 4 and 5. Writ petition disposed of; no costs.

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W.P(MD)No.19273 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 17.07.2025

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CORAM :

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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W.P.(MD)No.19273 of 2025

Kumarathal

...Petitioner

Vs.

1.The District Revenue Officer, Dindigul District, Dindigul.

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2.The Revenue Divisional Officer, Palani Division, Dindigul District.

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3.The Tahsildar, Palani Taluk, Dindigul District.

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4.Veluchamy

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5.Geetha

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... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the second respondent to consider and pass orders on petitioner's appeal dated

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

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W.P(MD)No.19273 of 2025

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12.01.2024 to cancel the patta issued in favour of the fourth respondent in so far as the excess extent of 18 cents comprised in Survey No.86/1 in petitioner favour.

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For Petitioner : Mr.T.Lenin Kumar

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For Respondents : Mr.A.Baskaran Additional Government Pleader for R1 to R3

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ORDER

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The petitioner herein seeks a direction to the second respondent to consider the appeal preferred by the petitioner dated 12.01.2024 seeking cancellation of patta issued in favour of the fourth respondent in so far as excess extent of 18 cents comprised in Survey No.86/1 in Puthur Village, Palani Taluk, Dindigul District.

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Heard the arguments of Mr.T.Lenin Kumar, learned counsel

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appearing for the petitioner and Mr.A.Baskaran, learned Additional Government Pleader, who takes notice for the respondents 1 to 3. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

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

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W.P(MD)No.19273 of 2025

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It is not in dispute that the petitioner preferred an appeal before the second respondent on 12.01.2024 seeking cancellation of patta issued in favour of the fourth respondent in respect of excess extent. Pursuant to the said appeal preferred by the petitioner, the second respondent in his proceedings Na.Ka.No.820/24/A1 dated 17.05.2024 directed the third respondent to submit a report. Thereafter, there was no progress. Hence, the petitioner has come before this Court.

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The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the appeal preferred by the petitioner will be considered in accordance with law within the time stipulated by this Court.

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In view of the same, without expressing any opinion on the merits of the matter, the second respondent is directed to consider the appeal preferred by the petitioner dated 12.01.2024 and pass final orders on its own merits within a period of 12 weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner and the respondents 4 and 5.

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

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W.P(MD)No.19273 of 2025

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