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Madras High CourtWP/6412/2018disposed of

Mr.K.Palani, v. The Tahsildar,

2018-03-21Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.6412 of 2018 Mr.K.Palani Son of (Late) Mr.Krishnamurthy .. Petitioner Vs.

The Tahsildar Office of Tahsildar Sozhanganallur Kancheepuram District.

.. Respondent Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to impugned order passed by the respondent in Na.Ka.6481/2017/Aa1 dated 04.01.2018 and quash the same as illegal, arbitrary and further direct the respondent to effect transfer of patta in favour of the petitioner, pursuant to the Deed of Settlement dated 29.08.2005 registered as Document No.4961 of 2005 at the Office of SRO, Neelangarai as well as his application dated 01.08.2017, within a time frame.

For Petitioner : Mr.R.Veeramani For Respondent : Ms.S.Ramya Revathy Government Advocate

O R D E R

This writ petition is filed challenging the order of the respondent dated 04.01.2018, refusing to grant Patta to the petitioner in respect of the subject matter property.

2. Though this writ petition is filed by raising very many grounds on merits of the claim made by the petitioner, this Court, is not inclined to go into the same and give any findings, in view of the fact that the petitioner can raise all these objections before the Appellate Authority, by filing regular appeal, since such Appellate Authority is also a fact finding authority.

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3. Accordingly, 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 such an appeal within a period of four weeks from the date of receipt of a copy of this order. If any such appeal is filed before the concerned Appellate Authority, the same shall be considered and order shall be passed on merits and in accordance with law, as expeditiously as possible. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar mk To The Tahsildar Office of Tahsildar Sozhanganallur Kancheepuram District.

+1 CC TO MR.R.Veeramani, Advocate SR. No.21305 W.P.No.6412 of 2018 AK(CO) RMP(03/04/2018) https://hcservices.ecourts.gov.in/hcservices/