R.Subramani, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:23.02.2018 C O R A M THE HON'BLE Mr.JUSTICE K. RAVICHANDRABAABU W.P.No.4032 of 2018 and WMP No.4975 of 2018 R.Subramani

...Petitioner

vs 1.The District Collector, Vellore District, Vellore.

2.The Tahsildar, Tiruppathur Taluk, Tirupathur, Vellore District.

...Respondents

Prayer:Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus to call for the records of the second respondent relating to the order in Pa.Mu.No.B2/7965/2017 dated 01.12.2017, to quash the same and issue consequential directions to the respondents to transfer the patta in the name of the petitioner in respect of 4.10 Acres (1.66.0 Hectares) in S.No.86/1, (Patta No.282) in Yelagiri Athanavur Village, Tiruppathur Taluk, Vellore District. For petitioners : Mr.J.Muthukumaran For Respondents : Mr.R.Govindasamy Special Government Pleader

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of parties, the writ petition is taken up for disposal at the stage of admission itself.

2.This writ petition is filed challenging the order of the second respondent refusing to transfer the patta in the name of the petitioner in Patta No.282.

3.Needless to say that as against the order of the second respondent, the petitioner is having an appellate remedy before https://hcservices.ecourts.gov.in/hcservices/

the concerned Revenue Divisional Officer by way of filing an appeal. Without exhausting such appellate remedy and further revisional remedy before the District Revenue Officer, the petitioner is not entitled to question the order of the second respondent before this Court by filing the present writ petition at this stage.

4. Therefore, without expressing any view on the merits of the claim made by the petitioner, this writ petition is disposed of, by granting liberty to the petitioner to file an appeal before the concerned Revenue Divisional Officer within a period of four weeks from the date of receipt of a copy of this order. If any such appeal is filed, the same shall be considered and decided by the concerned Revenue Divisional Officer on its own merits and in accordance with law, after hearing all the parties concerned without reference to the period of limitation. No costs. The connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI ) //True copy// Sub Assistant Registrar vri To 1.The District Collector, Vellore District, Vellore.

2.The Tahsildar, Tiruppathur Taluk, Tirupathur, Vellore District.

+1cc to Mr.J.Muthukumaran, Advocate SR.No.14135 +1cc to Government Pleader SR.No.14516 W.P.No.4032 of 2018 PVS(CO) GN(06/03/2018) https://hcservices.ecourts.gov.in/hcservices/