Case Note & Summary
The petitioner, Chandran, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of Madras High Court seeking a writ of certiorarified mandamus to quash the order dated 03.03.2025 passed by the Revenue Divisional Officer, Aranthangi, and to restore the patta in his favour for survey number 340/2A7B. The petitioner had earlier succeeded in a suit for specific performance and the decree had been executed, but the Revenue Divisional Officer issued an adverse order. During the hearing, the Special Government Pleader informed the court that the impugned order was appealable to the District Revenue Officer and that the petitioner himself had submitted a representation to the Tahsildar and Deputy Tahsildar. The court, after noting that the order under challenge is appealable, disposed of the writ petition by relegating the petitioner to pursue the alternative remedy of appeal before the District Revenue Officer.
Headnote
A) Constitutional Law - Writs - Maintainability of Writ Petition - Alternative Remedy - Constitution of India, Article 226 - The petitioner challenged an order of the Revenue Divisional Officer cancelling patta despite having succeeded in a suit for specific performance. The court noted that the impugned order is appealable to the District Revenue Officer and that the petitioner had already submitted a representation to the Tahsildar. In view of the availability of an alternative remedy, the writ petition was disposed of, allowing the petitioner to pursue the statutory appeal. (Para 2)
Issue of Consideration
Whether the writ petition is maintainable when the impugned order of the Revenue Divisional Officer is appealable to the District Revenue Officer
Final Decision
Writ petition disposed of by relegating the petitioner to pursue statutory appeal remedy before the District Revenue Officer
Law Points
- Writ petition under Article 226 not entertained when alternative statutory appeal remedy is available
- impugned order of Revenue Divisional Officer appealed to District Revenue Officer
Case Details
2025 LawText (MAD) (03) 324
W.P.(MD)No.8001 of 2025 and W.M.P.(MD)Nos.6030 & 6031 of 2025
The Hon'ble Mr. Justice P.B. Balaji
Mr. T. Vadivelan for Petitioner; Mr. M. Lingadurai, Special Government Pleader for Respondents 1 to 3
1. The District Revenue Officer, Pudukkottai District, Pudukottai; 2. The Revenue Divisional Officer, Aranthangi Revenue Division, Aranthangi, Pudukkottai District; 3. The Tahsildar, Aranthangi Revenue Taluk, Aranthangi, Pudukkottai District; 4. Muthukumarasamy
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Nature of Litigation
Writ petition under Article 226 of the Constitution seeking to quash Revenue Divisional Officer's order cancelling patta and restore the patta
Remedy Sought
Quash the order dated 03.03.2025 passed by the second respondent and direct restoration of patta in respect of survey number 340/2A7B
Filing Reason
Despite succeeding in a suit for specific performance and execution of decree, the Revenue Divisional Officer passed an adverse order cancelling the patta
Previous Decisions
Petitioner succeeded in a suit for specific performance and the decree was executed; thereafter, the Revenue Divisional Officer passed the impugned order dated 03.03.2025
Issues
Whether the writ petition is maintainable when the impugned order is appealable to the District Revenue Officer
Submissions/Arguments
Petitioner argued that despite a decree for specific performance in his favour, the Revenue Divisional Officer passed an adverse order
Special Government Pleader submitted that the impugned order is appealable to the District Revenue Officer and the petitioner had already given a representation to the Tahsildar and Deputy Tahsildar
Judgment Excerpts
The order under challenge in this Writ Petition is appealable to the District Revenue Officer, concerned.
learned Special Government Pleader, on instructions, would submit that the petitioner himself has given a representation to the Tahsildar and Deputy Tahsildar on
Procedural History
Petitioner filed writ petition challenging order of Revenue Divisional Officer dated 03.03.2025
Acts & Sections
- Constitution of India: Article 226
