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Madras High CourtWP/30349/2013disposed of

N.Mathivanan v. The District Collector

2020-09-16Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.30349 of 2013 N.Mathivanan ... Petitioner Vs.

1. The District Collector Office of the District Collector Kancheepuram District.

Kancheepuram - 631 501.

2. The Tahsildar Office of the Tahsildar Maduranthagam Kancheepuram District.

3. N.Thiyagarajan ... Respondents [R3 impleaded as per order dated 22.11.2013 in MP.No.1/2013 in WP.No.30349/2013] Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus to direct the first respondent to dispose of the petitioner's representation dated 19.07.2013 to cancel the patta No.149 dated 13.5.2007 effected on 15.5.2007 by the Jambandi officers attached to the second respondent office.

For Petitioner : Mr.A.P.Surya Prakasam For Respondents : Mrs.K.Bhuvaneswari Additional Govt Pleader [RR1 &2] Mr.Infant Dinesh [R3]

O R D E R

The petitioner has filed the above writ petition to issue a Writ of Mandamus directing the first respondent to dispose of his representation dated 19.07.2013, by cancelling the Patta No.149 dated 13.5.2007 effected on 15.5.2007 by the Jambandi officers attached to the office of the second respondent.

2. The petitioner in his representation dated 19.07.2013 has sought for cancellation of patta issued in favour of the third respondent.

https://hcservices.ecourts.gov.in/hcservices/

3. The remedy open to the petitioner is to file an appeal under Section 12 of the Tamil Nadu Patta Passbook Act, 1983 (Tamil Nadu Act 4 of 1986). In such view of matter, the relief sought for in the writ petition cannot be granted. However, liberty is granted to the petitioner to file an appeal under Section 12 of the Tamil Nadu Patta Passbook Act, 1983, challenging the issuance of patta by the second respondent in favour of the third respondent.

4. With the above observations, the writ petition is disposed of. No costs.

-s/d Assistant Registrar //True Copy// Sub Assistant Registrar To:

1.The District Collector Office of the District Collector Kancheepuram District.

Kancheepuram - 631 501.

2.The Tahsildar Office of the Tahsildar Maduranthagam Kancheepuram District.

+1cc to the Government Pleader, Advocate in Sr.30490 W.P.No.30349 of 2013 rld(co) rv(28/9/2020) https://hcservices.ecourts.gov.in/hcservices/