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Selvaraj .N v. The Revenue Divisional Officer

DISMISSED
Court
High Court of Madras
Decided
4 March 2026
Bench
N. Sathish Kumar, M.Jothiraman
Case no.
WA(MD) 249/2026

Judgment

ORDER (Order of the Court was made by N.SATHISH KUMAR, J.) Challenge is made against the order of the learned Single Judge dismissing the writ petition on the ground that the petition is not maintainable.

¶2The writ petition has been originally filed by the writ petitioners challenging the order of the Tahsildar, dated 18.11.2023, wherein the Tahsildar has issued patta in favour of the private respondent removing the names of the writ petitioners. The learned Single Judge found that since the alternative remedy is available under Section 12 of the Patta Passbook Act, 1983, the writ petition is not maintainable. At that stage, the learned counsel appearing for the writ petitioners sought liberty of the Court to file a statutory appeal before the Revenue Divisional Officer under Section 12 of the Patta Passbook Act, 1983. The writ Court has already granted four weeks time from the date of receipt of that order to file statutory appeal. On the request of the petitioner, the period of limitation got extended for filing the appeal. Now, once again this writ appeal is filed before this Court.

¶3It is the main grievance of the appellants that even after filing of the statutory appeal, the second respondent has mutated the patta in name of the third respondent. Therefore, his contention is that mutation has to be cancelled, as there is a collusion between the second and third respondents.

¶4Heard both sides and perused the records.

¶5At the outset, as the statutory appeal has already been preferred after obtaining leave from this Court and extending the period of limitation, the appellants have to canvass their case in the statutory appeal instead of filing this writ appeal and further, once again the same order cannot be challenged in the writ appeal. Be that as it may, if any mutation is made by the second respondent during the pendency of the appeal, the same will be subjected to the outcome of the result of the appeal. Hence, we do not find any merit in this appeal.

¶6With these observations, this writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

NCS : Yes/No [N.S.K., J.] & [M.J.R., J.] Index : Yes / No

04.03.2026 Internet : Yes / No apd To

¶1The Revenue Divisional Officer, Dindigul Division, Dindigul.

¶2The Tahsildar, Nilakottai Taluk, Nilakottai, Dindigul District. W.A(MD)No.o249oofo2026 N.SATHISHoKUMAR,oJ. AND M.JOTHIRAMAN,oJ. apd ORDERooMADEoIN W.A(MD)No.o249oofo2026

04.03.2026

Case details

Parties and counsel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2026 CORAM: THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and C.M.P.(MD) No.2720 of 2026 1. N.Selvaraj 2. N.Subramani ... Appellants Vs 1. The Revenue Divisional Officer, Dindigul Division, Dindigul. 2. The Tahsildar, Nilakottai Taluk, Nilakottai, Dindigul District. 3. L.Anusuya ... Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, against the order made in W.P.(MD).No.30991 of 2023 dated 11.12.2025. For Appellants : Mr. R.R.Kannan For R1 & R2 : Mr.A.Kannan Additional Government Pleader

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.