Madras High CourtWP/10146/2021dismissed

Mrs.Sarala Kanwar v. The Revenue Divisional Officer

2021-04-21Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2021

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN W.P.No. 10146 of 2021 and W.M.P. No. 10777 of 2021 Sarala Kanwar, W/o. Inderchand Jain ... Petitioner

Versus

1. The Revenue Divisional Officer, Revenue Divisional Office, Tambaram, Chennai-600 045.

2. The Tahsildar, Thiruporur Thashildar Office, Chengulpet.

3. The District Registrar, District Registration Office, No.10, Kancheepuram High Road, Chengalpattu-603 002.

4. The Sub-Registrar, O/o. The Sub-Registrar, Thiruporur, Chengalpet District.

5. V.Veerapathiran S/o. Varathappan

6. G. Nirmala W/o. Gurumurthi

7. M/s. Minnath Estates LLP, rep. By its Partner A.H.Ahamed Shakir

8. Mrs. Asiya Shahima Khan, W/o. A.H. Ahamed Shakir ... Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the entire proceedings of the 2nd and 3rd respondents vide proceeding Na.Ka.106/2020/B dated 10.03.2020 served on 27.10.2020 vide proceedings Na.Ka.No.106 of 2020/A dated 27.10.2020 and consequently to quash the 3rd respondent proceedings Na.Ka.No.1703/B3/2020 dated 27.08.2020 and directing the 2nd respondent to restore the petitioner's name in the patta No.929.

For Petitioner : Mr.G.Prabhakar For Respondents : Mr.E.Balamurugan, Special Govt. Pleader

O R D E R

(The case has been heard through video conference) Challenging the order passed by the passed by the 2nd and 3rd respondents and to restore the petitioner's name in the patta, the present Writ Petition has been filed.

2. Against the order passed by the 1st respondent Revenue Divisional Officer, a revision petition lies with the District Revenue Officer, and likewise, against the order passed by the 3rd respondent District Registrar, the appeal lies with the Deputy Inspector General of Registration, Chennai. Without availing those remedies, the petitioner cannot maintain a Writ Petition before this Court. Hence, this Writ Petition is liable to be set aside. Accordingly, this Writ Petition is dismissed with liberty to challenge the orders passed by the authorities in the manner known to law and the Registry is directed to return the original orders to the petitioner forthwith. No costs. Consequently, the connected Writ Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rpp To

1. The Revenue Divisional Officer, Revenue Divisional Office, Tambaram, Chennai-600 045.

2. The Tahsildar, Thiruporur Thashildar Office, Chengulpet.

3. The District Registrar, District Registration Office, No.10, Kancheepuram High Road, Chengalpattu-603 002.

4. The Sub-Registrar, O/o. The Sub-Registrar, Thiruporur, Chengalpet District.

Copy To:

The Section Officer, ER Section, High Court, Madras-104 +1 cc to M/s.G.Prabhakar, Advocate Sr.No. 24259 W.P.No. 10146 of 2021 and W.M.P. No.10777 of 2021 RP(CO) RMP(11/06/2021)