R.Kutty@Purushothaman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.30951 of 2015 and M.P.No.1 of 2015 1.R.Kutty @ Purushothaman 2.Parvathi 3.K.Gopalakrishnan 4.Muniyappan @ Selvaraj 5.Rajamanikam @ Manikam ... Petitioners Vs.

1.The District Collector, Thiruvallur District.

2.The Tahsildar, Madhuravoyal Taluk, Thiruvallur District.

3.The President, Adaiyalampattu Village & Panchayat, Madhuravoyal Taluk, Thiruvallur District.

... Respondents Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus forbearing the respondents from dispossessing the petitioners from their residence comprising in Survey No.33/2 situated at Adayalampattu Village, Madhuravoyal Taluk, Thiruvallur District and consequently, to direct the 2nd respondent to consider the petitioner's representation dated 24.08.2015 and issue patta in favour of the petitioners.

For Petitioners: Mr.M.Rajendran For Respondents: Ms.A.Madhumathi, Special Government Pleader

O R D E R

The petitioners have filed the above Writ Petition to issue a Writ of Mandamus forbearing the respondents from dispossessing the petitioners from their residence comprising in Survey No.33/2 situated at Adayalampattu Village, Madhuravoyal Taluk, Thiruvallur District and consequently, to direct the 2nd respondent to consider the petitioners' representation dated 24.08.2015 and issue patta in favour of the petitioners. https://hcservices.ecourts.gov.in/hcservices/

2.The 2nd respondent filed a counter wherein it has been stated that the petitioners' representation was considered by him and the same was also rejected on 08.05.2015. 3.When the 2nd respondent had rejected the petitioners' application seeking for issuance of patta, the remedy open to the petitioners is only to file an appeal under Section 12 of the Patta Pass Book Act. In such view of the matter, I am not inclined to entertain the Writ Petition. Accordingly, the Writ Petition is dismissed. However, it is open to the petitioners to challenge the order passed by the 2nd respondent dated 08.05.2015 in accordance with law. No costs. Consequently, the connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar va To 1.The District Collector, Thiruvallur District.

2.The Tahsildar, Madhuravoyal Taluk, Thiruvallur District.

3.The President, Adaiyalampattu Village & Panchayat, Madhuravoyal Taluk, Thiruvallur District.

+1 CC to The Govt. Pleader sr 33849.

W.P.No.30951 of 2015 and M.P.No.1 of 2015 NMI(CO) SP(11/11/2020) https://hcservices.ecourts.gov.in/hcservices/