BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2025 CORAM THE HON'BLE MR.JUSTICE K.SURENDER and W.M.P.(MD) No.26575 of 2023

1.N.Selvaraj

2.N.Subramani ... Petitioners Vs.

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

2.The Tahsildar, Nilakkottai Taluk, Nilakkottai, Dindigul District.

3.L.Anusuya ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records of the impugned order of the second respondent in Na.Ka.No.2980/2023/Aa4 dated

18.11.2023 and quash the same as illegal.

For Petitioner : Mr.R.R.Kannan For R1 & R2 : Mr.N.Ramesh Arumugam Government Advocate For R3 : Mr.R.Thangapandian ****

O R D E R

In this Writ Petition, the petitioner has challenged the order of the second respondent/Tahsildar dated 18.11.2023, issuing patta in favour of the third respondent by removing the names of the petitioners from the patta.

2. Admittedly, the impugned order is an appealable order under the Tamil Nadu Patta Passbook Act, 1983. An appeal ought to have been filed before the Revenue Divisional Officer under Section 12 of the said Act. Instead, the petitioner has filed this Writ Petition under Article 226 of the Constitution of India challenging the order of the Tahsildar. Since an alternative and efficacious statutory remedy of appeal under Section 12 of the Tamil Nadu Patta Passbook Act, 1983 is available, this Writ Petition is not maintainable.

3. After this Court expressed its view, the learned counsel for the petitioner sought liberty for the petitioner to file a statutory appeal before the Revenue Divisional Officer under Section 12 of the Tamil Nadu Patta Passbook Act, 1983, against the impugned order of the second respondent/Tahsildar dated 18.11.2023.

4. Accordingly, this Writ Petition is disposed of by granting liberty to the petitioner to file a statutory appeal under Section 12 of the Tamil Nadu Patta Passbook Act, 1983, against the impugned order of the second respondent/Tahsildar dated 18.11.2023. The petitioner shall file the statutory appeal within a period of four (4) weeks from the date of receipt of a copy of this order. In the event of failure to file the appeal within the said period, the liberty granted shall stand vacated without further reference to this Court. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

[K.SURENDER, J.]

11.12.2025 JEN Neutral Citation : Yes / No Speaking Order / Non-Speaking Order To

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

2.The Tahsildar, Nilakkottai Taluk, Nilakkottai, Dindigul District.

K.SURENDER , J .

JEN

11.12.2025