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Madras High CourtWP/8599/2017disposed of

D.Valli @ Valiammal v. The District Collector

2017-04-19Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.8599 of 2017 and W.M.P.No.9415 of 2017 D.Valli@Valliammal ... Petitioner Vs.

1.The District Collector, O/o. The District Collector, Thiruvallur District.

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Thiruvallur District.

3.The Tahsildar, O/o The Tahsildar, Avadi Taluk, Thiruvallur District.

4.S.Kamala ... Respondents Petition 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 and to quash the same in Na.Ka.7884/2016/A1 dated 22.03.2017 issued by the Tahsildar of Avadi Taluk, Thiruvallur District, the 3rd respondent herein. For Petitioner : Mr.Dalit Tiger C.Ponnusamy For Respondents : Mr.S.V.Doraisolaimalai, Additional Government Pleader (R1 to R3)

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of certiorari to call for the records of the impugned order passed by the Tahsildar of Avadi Taluk, Thiruvallur District, the 3rd respondent.

2.The petitioner has approached the 3rd respondent, Tahsildar to cancel the patta issued in favour of the 4th respondent. The 3rd respondent, by his order dated 22.03.2017, https://hcservices.ecourts.gov.in/hcservices/

rejected the request made by the petitioner stating that the patta can be cancelled only by way of an appeal before the Revenue Divisional Officer and not by him.

3.The stand taken by the 3rd respondent is perfectly correct. I do not find any infirmity in the order passed by the 3rd respondent. However, I give liberty to the petitioner to approach the 2nd respondent, the Revenue Divisional Officer, by way of an appeal seeking for cancellation of the patta issued in favour of the 4th respondent, in accordance with law. 4.With these observations, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar va To 1.The District Collector, O/o. The District Collector, Thiruvallur District.

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Thiruvallur District.

3.The Tahsildar, O/o The Tahsildar, Avadi Taluk, Thiruvallur District.

+1cc to Mr.Dalit Tiger C.Ponnusamy, Advocate, S.R.No. mg(CO) md(24/04/2017) W.P.No.8599 of 2017 and W.M.P.No.9415 of 2017 https://hcservices.ecourts.gov.in/hcservices/