P.Gopal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.7327 of 2023 & W.M.P.Nos.7411 & 7412 of 2023 P.Gopal
...Petitioner
Vs 1.The District Collector Perambalur District, Perambalur.
2.The Revenue Divisional Officer, Perambalur District, Perambalur.
3.The Tashildar, 4.The Block Development Officer, Veppur Panchayat Union, 5.The Panchayat President, Ogalur, 1/5
6.Mahalingam S/o.Kulanthaive, Kazhanivasal Village, Ogalur West,
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the impugned order in Na.Ka. No.A7/ 46/2022 dated 10.02.2023 passed by the 3rd respondent and quash the same and consequently to direct the 1st to 5th respondents not to allotting the petitioner's property comprising in S.No.10/21 measuring 2 cents situated at Kalanivasal Village, Ogalur Panchayat, Kunnam Taluk, Perambalur District to any other purpose. For Petitioner : Ms.S.Vinodha For Respondents 1 to 4 : Mr.V.Veluchamy Additional Government Pleader
ORDER
This writ petition has been filed challenging the order dated 10.02.2023 passed in Na.Ka.No.A7/46/2022 by the third respondent and seeking for a direction to teh respondents 1 to 5 not to alloting the petitioner's property comprising in S.No.10/21 measuring 2 cents situated at Kalanivasal Village, Ogalur Panchayat, Kunnam Taluk, Perambalur District.
2/5
2. As against the impugned order passed by the Tahsildar, an appeal remedy is available under section 12 of the Tamil Nadu Patta Pass Book Act, 1983. The grounds raised by the petitioner in this writ petition challenging the order of Tahsildar touches upon the merits of the order passed, which cannot be gone into by this Court, when an alternate statutory remedy is available.
3. In view of the above, the petitioner is granted liberty to file an appeal before the Revenue Divisional Officer concerned under section 12 of the Tamil Nadu Patta Pass Book Act, 1983 within a period of 30 days from the date of receipt of a copy of this Order.
4. With the aforesaid direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 17.03.2023 nl Index:Yes/No Speaking order/Non-speaking order 3/5
To 1.The District Collector Perambalur District, Perambalur.
2.The Revenue Divisional Officer, Perambalur District, Perambalur.
3.The Tashildar, 4.The Block Development Officer, Veppur Panchayat Union, 4/5
M.S.RAMESH,J.
nl 17.03.2023 5/5