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2025 Supreme(Online)(Mad) 65337

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Senthilkumar Ramamoorthy, J
Chandra Devi – Appellant
Versus
The District Collector, Dindigul District. – Respondent
W.P.(MD)No.17779 of 2024|W.M.P(MD)Nos.15254 & 15256 of 2024



Advocates:
For the Appellants/Petitioners: Mr.A.V.Arun
For the Respondents: Mr.K.Balasubramani, Mr.T.Lenin Kumar

The petitioners must exhaust available statutory remedies before approaching the court under Article 226.

Headnote:The Writ Petition challenges an order dated 05.07.2024 by the Revenue Divisional Officer, with an interim stay granted on 31.07.2024. The petitioners have opted for a statutory remedy under the Tamil Nadu Patta Pass Book Act, 1983, which necessitates dismissal of the writ petition. The court directs the District Revenue Officer to investigate grievances related to patta transfer order dated 06.08.2025 in pending revision proceedings and maintain the interim stay for three weeks. The petition is ultimately disposed of under specified terms.

Table of Content
1. challenge to revenue divisional officer's order (Para 1 , 2 , 3)
2. pending statutory remedies and investigation directed regarding patta transfer (Para 4 , 5)
3. disposal of writ petition under specified terms (Para 6)

ORDER

An order dated 05.07.2024 of the Revenue Divisional Officer is challenged in this writ petition. An interim stay of such order was granted on

31.07.2024 and such order is in force as on date.

2. Learned counsel for the 4th respondent submits that patta was mutated by misinterpreting the order of interim stay of this Court. He refers to the patta transfer order dated 06.08.2025 in this regard. He also submits that a revision petition has been filed by the petitioners before the District Revenue Officer and submits that such revision petition is pending. He refers to the inquiry notices issued by the District Revenue Officer in such revision petition.

3. On perusal of the inquiry notices, it is clear that the revision petition has been presented by Jegan, who is the 4th petitioner herein and 3 others. The names of the other petitioners are also shown in the enquiry notice while describing the petitioners therein. The statutory remedy of revision is provided for under the Tamil Nadu Patta Pass Book Act, 1983. Having opted to avail of such statutory remedy, the petitioners cannot prosecute this writ petition.

4. After this writ petition was filed, patta transfer order dated 06.08.2025 has been issued. The 4th respondent complains that such order was issued by misinterpreting the scope of the interim order of this court. The 4th respondent is permitted to raise this issue before the District Revenue Officer in the pending revision petition proceedings.

5. In this writ petition, the District Revenue Officer has not been impleaded as the respondent. In view of the pending proceedings, in order to enable a direction to be issued to the District Revenue Officer, the District Revenue Officer, Dindigul District is suo motu impleaded as the 5th respondent herein.

6. Considering the aforesaid developments, this writ petition is disposed of on the following terms:-

a) The District Revenue Officer is directed to consider the grievance of the 4th respondent with regard to patta transfer order dated 06.08.2025. An interim order in this regard shall be issued after hearing the parties concerned within three weeks from the date of receipt of a copy of this order;

b) The interim stay granted by this court shall also continue to operate for the said three weeks. Thereafter, the District Revenue Officer may decide whether to extend such interim stay uninfluenced by the earlier order of this Court in this regard; and c) The District Revenue Officer is directed to dispose of the revision petition within three months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioners and the 4th respondent herein. This writ petition is disposed of on these terms. No costs. Consequently, connected writ miscellaneous petitions are also closed.

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