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Madras High CourtWP/901/2018disposed of

S. Krishnamoorthy v. The District Collector

2018-01-12Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.901 of 2018 S.Krishnamoorthy .. Petitioner vs 1.The District Collector, District Collector Office, Tiruvannamalai District.

2.The Revenue Divisional Officer, District Revenue Office, Tiruvannamalai District.

3.Silka .. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the second respondent to take appropriate action by considering the petitioner representation dated 26.07.2016. For Petitioner: Mr.M.Mariappan For Respondents: Mr.M.Jothikumar for R1 and R2, Additional Government Pleader Notice to R3 is dispensed with

O R D E R

Mr.M.Jothikumar, learned Additional Government Pleader takes notice for the respondents 1 and 2. Since the writ petition is disposed of without affecting the interest of the third respondent in any manner as of now, notice to the third respondent is dispensed with.

2.The petitioner is aggrieved against the grant of patta in favour of the third respondent. According to the petitioner, he is in possession and enjoyment of the subject matter property for long number of years, however, without considering the same, patta is issued in favour of the third respondent. Ventilating such grievance, the petitioner made a representation on 26.07.2016.

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3.The grievance of the petitioner is that the said representation has not been considered by the respondents so far. 4.If the petitioner is aggrieved against the grant of patta in favour of the third respondent, it is for him first to approach the concerned Tashildar for cancellation of the said patta. It seems that the petitioner had not done anything like that. Therefore, it is for him to make a representation before the concerned Tashildar and only thereafter, he can approach the other respondents, if any adverse order is passed against him. Therefore, I find that the present writ petition is not maintainable. Accordingly, the writ petition is disposed of, however, by granting liberty to the petitioner to approach the concerned Tahsildar. No costs.

Sd/- Assistant Registrar(CS VII) //True copy// Sub Assistant Registrar vri To 1.The District Collector, District Collector Office, Tiruvannamalai District.

2.The Revenue Divisional Officer, District Revenue Office, Tiruvannamalai District.

+2cc to Mr.M.Mariappan, Advocate SR.No.3057 +1cc to Government Pleader SR.No.3321 W.P.No.901 of 2018 GN(29/01/2018) https://hcservices.ecourts.gov.in/hcservices/