W.P.(MD)No.33572 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.11.2025 CORAM THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.33572 of 2025 and WMP (MD) No.26487 of 2025 K.R.Poosaithurai ... Petitioner Vs. 1. The Sub Collector, (Revenue Divisional Officer), Devakottai. 2. The Tahsildar, Karaikudi Taluk, Karaikudi. 3. Nathiya ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the documents pertaining to the impugned order passed by the 1st respondent vide Ne.Mu.A1/6564/2024 dated 10.10.2025 and quash the same as illegal and directing the respondent herein to act according to the Decree of civil court with respect sy.no.198/1C4 and sy.no. 206/9 of Kalanivasal village. For Petitioner : Mr. K.P.Narayanakumar For Respondents :Mr.K.R.Badurus Zaman Government Advocate for R1 & R2 Mrs.P.Jessi Jeeva Priya for R3 1/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.33572 of 2025 O R D E R An order dated 10.10.2025 of the Revenue Divisional Officer is challenged in this writ petition. 2. Learned counsel for the petitioner submits that the Revenue Divisional Officer proceeded to cancel the patta granted to the petitioner by patta transfer order dated 30.12.2023 and to restore the patta in the names of Karuppaiya and Silamban in spite of noticing that civil suits were pending in relation to the relevant property. By inviting my attention to page 123 of the typed set of the petitioner, learned counsel submits that there is a reference therein to O.S.No.32 of 2024 and O.S. No.108 of 2024. He also points out that the earlier suit, namely, O.S. No. 96 of 2023, which was filed by the petitioner's vendor, has also been referred to therein. As regards such earlier suit, learned counsel submits that the Revenue Divisional Officer has recorded a finding that the terms of settlement in the Lok Adalat is not acceptable. By also referring to the circular issued by the Commissioner of Land Administration regarding the course of action to be adopted by revenue authorities when civil suits are pending, learned counsel concluded his submissions by contending 2/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.33572 of 2025 that the Revenue Divisional Officer should have awaited the outcome of the civil suits and not interfered with the patta in favour of the petitioner. 3. In response to these contentions, learned counsel for the third respondent submits that O.S.No.96 of 2023 was filed by the petitioner's vendor against a third party called Shakthivel, who is unconnected with the property. She also points out that W.P.(MD) No.7336 of 2024 was filed challenging the consent decree and that an interim stay was granted by this Court. In these circumstances, learned counsel submits that the restoration of the patta in the names of the UDR pattadhars Karuppaiya and Silamban contains no infirmity. 4. The impugned order was issued by considering the appeal filed by the third respondent herein. Even from the references mentioned therein, it is clear that the petitioner's response to such petition was taken into consideration. Thereafter, the Revenue Divisional Officer took note of the statement of the Village Administrative Officer. After discussing the settlement recorded in O.S.No.96 of 2023, which was the suit instituted by Karuppaiya, S/o.Chidambaram, against Shakthivel, the Revenue Divisional Officer noticed that the said suit was not filed 3/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.33572 of 2025 against the UDR pattadhar Karuppaiya, S/o.Chinnaya Konar or his leal heirs. The Revenue Divisional Officer also noticed and recorded that an interim stay had been granted in W.P.(MD) No.7336 of 2024. 5. The question before the Revenue Divisional Officer was whether the patta transfer order should be left intact pending adjudication of the civil suits instituted by the petitioner. 6. After examining all material documents commencing from the UDR records, the Revenue Divisional Officer concluded that the record should be restored as per the status during the UDR period. The operative portion of the impugned order is set out below: "epyTilik gjpT Nkk;ghl;Lj; jpl;l "m" gjpTNtl;by; cupikahsuhf rpd;idahf;Nfhdhu; kfd; fUg;igah ,lk;ngw;Ws;s epiyapy; mtiuNah my;yJ thupRjhuu;fshy; vt;tpj fpiuak; / gjpT Mtzq;fs; Vw;gLj;jhj epiyapy; Nkw;fz;l fhiuf;Fb tUtha; tl;lhl;rpau; nrayhizfs; %.K.M6/7595/2023 ehs;: 04.12.2023 kw;Wk; jhdpaq;fp gl;lh khWjy; cj;juT vz; b.Mu; 2023/0103/23/198875TR ehs;: 30.12.2023 Mfpa ,U gl;lh khWjy; cj;juTfisAk; ,uj;J nra;J 4/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.33572 of 2025 rpd;idahf;Nfhdhu; kfd; fUg;igah ngaupy; jhf;fy; nra;aTk; rptfq;if khtl;lk;> fhiuf;Fb tl;lk; kw;Wk; cs;tl;lk;> 13.fodpthry; fpuhkk;> Gy vz; 206/9 UDR "m" gjpNtl;by; gl;lh vz;:113-d; fPo; k.rpyk;gd; vd;Wk; UDR 10(1) - ,y; gl;lh vz; 254d; fPo; ngupafUg;gd; kfd; rpyk;gd; vd;W jhf;fyhfp Gyk; kPJ epyTilik gjpT Nkk;ghl;Lj; jpl;l “m” gjpNtl;L gl;lhjhuu; ngupafUg;gd; kfd; rpyk;gd; vd;gtu; fUg;igah kfd; G+irj;Jiu ngaupy; fpiua Mtzk; Vw;gLj;jhj epiyapy; gl;lh khWjy; cj;juT vz; b.Mu; 2023/0103/23/196502 ehs; 30.12.2023 d; gb fUg;igah kfd; G++irj;Jiu ngaupYk; nra;ag;gl;l gl;lh khWjy; cj;juT Vw;Gilajy;y. vdNt epyTilik gjpT Nkk;ghl;Lj; jpl;l “m” gjpNtl;L gl;lhjhuu; ngupafUg;gd; kfd; rpyk;gd; vd;gtu; ngaupy; jhf;fy; nra;a fhiuf;Fb tUtha; tl;lhl;rpaUf;F ,jd;%yk; cj;jutplg;gLfpwJ." 7. In the facts and circumstances outlined above, I find no infirmity in the impugned order warranting interference under Article 226. Therefore, by leaving it open to the petitioner to re-apply based on 5/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.33572 of 2025 the outcome of civil proceedings or, in the alternative, file a revision petition before the District Revenue Officer, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 24.11.2025 NCC :No Internet :Yes Index :No PKN 6/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.33572 of 2025 To 1. The Sub Collector, (Revenue Divisional Officer), Devakottai. 2. The Tahsildar, Karaikudi Taluk, Karaikudi. 7/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.33572 of 2025 SENTHILKUMAR RAMAMOORTHY, J. PKN W.P.(MD)No.33572 of 2025 24.11.2025 8/8 https://www.mhc.tn.gov.in/judis