1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD) No.11888 of 2011 and M.P.(MD) No.1 of 2011 G.Deivaprakasam ... Petitioner Versus 1. The District Revenue Officer, Ramanathapuram District, Ramanathapuram. 2. N.S.AsanAliyar 3. R.Jeyapandian ... Respondents PRAYER: Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records of the impugned order passed by the 1st respondent in Na.Ka.B5/48639/2011 dated 07.10.2011 and quash the same as devoid of merits. For Petitioner : Mr.H.Velavadhas For R - 1 : Mr.K.P.Krishnadoss, Government Advocate O R D E R The petitioner has come up with the above writ petition, challenging the order passed by the District Revenue Officer, permitting the Tahsildar to proceed with the enquiry on a patta transfer application filed by respondents 2 and 3. 2. Heard Mr.Mr.H.Velavadhas, learned counsel for the petitioner. Mr.K.P.Krishnadoss, learned Government Advocate takes notice for the first respondent. 3. The petitioner purchased the property in question measuring an extent of 0.0048.0 Sq. Meter in T.S.No.425 in Ramanathapuram Town and Taluk, Ramanathapuram District. After purchasing the property under a deed dated 17.04.2011, the petitioner also obtained a patta in his name. 4. It appears that the vendor of the petitioner suffered a preliminary decree for partition in O.S.No.88 of 2004 on the file of the District Munsif Court, Ramanathapuram. The decree was partly modified in A.S.No.76 of 2007. But no final decree application is filed so far. https://hcservices.ecourts.gov.in/hcservices/ 2 5. In the meantime, respondents 2 and 3 sought to have the patta transferred, by filing an application before the Tahsildar. But the Tahsildar rejected the application by order dated 23.12.2010. 6. Instead of filing an appeal against the order of the Tahsildar dated 23.12.2010 under the provisions of the Tamil Nadu Patta Pass Book Act, respondents 2 and 3 gave a second application for patta transfer to the Tahsildar on 16.08.2011. On the said application, the Tahsildar issued a notice to the petitioner. Instead of appearing before the Tahsildar and raising all contentions, including the contentions about the maintainability of the second application, the petitioner went before the Revenue Divisional Officer and obtained a stay for further proceedings by the Tahsildar. As against the stay granted by the Revenue Divisional Officer, respondents 2 and 3 filed an appeal before the District Revenue Officer. The District Revenue Officer passed a detailed order dated 07.10.2011, suspending the stay order granted by the Revenue Divisional Officer and directing the Tahsildar to hold an enquiry and pass order within four weeks. As against the said order dated 07.10.2011, the petitioner is before this Court. 7. As rightly observed by the District Revenue Officer, the jurisdiction of the Tahsildar could have been questioned by the petitioner before the Tahsildar himself by responding to the notice. The mere notice issued by the Tahsildar, on an application filed by the respondents 2 and 3, cannot be the subject matter of a challenge at the instance of the petitioner before the Revenue Divisional Officer. Therefore, the order of the Revenue Divisional Officer staying the proceedings of the Tahsildar, was rightly set aside by the District Revenue Officer and the matter remitted. 8. The impugned order of the District Revenue Officer is also in tune with the well settled principles that at the stage of notice for an enquiry, there is very little scope for interference. Therefore, there is no jurisdiction to interfere with the impugned order. Hence, this writ petition is dismissed. It is open to the petitioner, to raise all objections including the issue of maintainability and jurisdiction before the Tahsildar, Ramanathapuram District. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To The District Revenue Officer, Ramanathapuram District, Ramanathapuram. +1 CC to Special Government Pleader (SR.No.36087) W.P.(MD) No.11888 of 2011 18.10.2011 vsm NSV/3.11.11/2P/3C https://hcservices.ecourts.gov.in/hcservices/