W.P.(MD) No.4525 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.02.2025 CORAM: THE HONOURABLE MR.JUSTICE P.B.BALAJI W.P.(MD) No.4525 of 2025 and W.M.P(MD)Nos.3247 and 3248 of 2025 Rajathi ... Petitioner vs. 1.The District Collector, Office of the District Collector, Thoothukudi. 2.The Tahsildhar, Office of the Tahsildhar, Thoothukudi. 3.The Revenue Inspector, Pudukottai Revenue Division, Pudukottai, Thoothukudi. 4.The Village Administrative Officer, Kumaragiri @ Pudukottai Taluk, Pudukottai, Thoothukudi. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned show casue notice dated “Null” issued by the third respondent herein and quash the same as illegal and consequently directing the second respondent 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.4525 of 2025 hereint to issue pata in favour of the petitioner on the strength of the Judgment and Decree dated 18.06.2018 passed in O.S.No.24 of 2015 passed by the learned Subordinate Court, Thoothukudi and the settlement deed dated 07.09.2018, registered as Doc.No.2948/2018 in favour of the petitioner herein, relating tot he properties described therein. For Petitioner : Mr.V.Shathurthi Raja For Respondents : Mrs.K.Malathi Additional Government Pleader ORDER Considering the limited scope of the relief sought for in the writ petition, with the consent of the learned counsel on either side, the writ petition is taken up for final disposal at the stage of admission itself. 2.The petitioner challenges the impugned enquiry notice issued by the third respondent calling for objections from the petitioner as to why the subject lands should not be retained as burial ground for the benefit of Adi Dravidar Community. 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.4525 of 2025 3.The learned counsel for the petitioner would invite my attention to the Judgment and Decree in O.S.No.24 of 2015 dated 18.06.2018. The said suit has been filed by the petitioner's mother, Xavier Mary, against the District Collector and the Tahsildar, Tuticorin. The said suit has been decreed in favour of the petitioner's mother. Based on the said judgment and decree, the petitioner now claims absolute ownership of the subject lands and has sought for patta. However, without considering the petitioner's application for issuance of patta, the third respondent has now issued the show cause notice inviting objections from the petitioner as if the subject property belongs to the Government and is classified as 'Arasu punjai tharisu lands'. 4.Heard the learned counsel on either side. 5.The learned Additional Government Pleader appearing for the official respondents would invite my attention to the communication issued by the District Revenue Officer, Tuticorin, which is the communicaiton emanating from the office of the District Collector and informing that the appeal may be preferred as against the judgement and decree in O.S.No.214 of 2015. Even the said communication is as early as on 23.08.2022. Today also, the learned Additional 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.4525 of 2025 Government Pleader is unable to show that any appeal has been preferred challeing the judgment and decree in O.S.No.214 of 2015. The judgment and decree is binding on the statutory respondents, especially when the District Collector and the Tashildar were arrayed as defendants in the said suit. The judgment and decree was passed way back in June 2018 and even in 2025, admittedly, no appeal has been preferred by the statutory respondents. 6.In the light of the above, it is not open to the respondents to contend that the lands continued to be held by the Government as “Punja tharisu lands” and do not belong to the petitioner. Though it is only a show cause notice that is challenged in the present writ petition, considering that there is a binding judgement and decree against the statutory respondents, the show cause notice inviting objections on the premise that the subject lands are still Government lands, ignoring the judgment declaring the right title and entitlement of the petitioner's mother as early as in 2018 is clearly non-est from the eye of law. Consequently, the show cause notice is liable to be set aside. 7.Accordingly, this Writ Petition is allowed and the show cause notice, dated “Null” issued by the third respondent is quashed. The second respondent is 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.4525 of 2025 direcrted to pass orders on the petitioner's appeal for issuance of patta, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 20.02.2025 sji NCC: Yes/No Index : Yes / No Internet : Yes / No To 1.The District Collector, Office of the District Collector, Thoothukudi. 2.The Tahsildhar, Office of the Tahsildhar, Thoothukudi. 3.The Revenue Inspector, Pudukottai Revenue Division, Pudukottai, Thoothukudi. 4.The Village Administrative Officer, Kumaragiri @ Pudukottai Taluk, Pudukottai, Thoothukudi. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.4525 of 2025 P.B.BALAJI , J. sji W.P.(MD) No.4525 of 2025 20.02.2025 6/6 https://www.mhc.tn.gov.in/judis