Neelakandan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.8176 of 2019 Neelakandan

...Petitioner

Vs.

1. The District Collector Kancheepuram District Collectorate Compound, Vandavasi Road, Kancheepuram HO, Kancheepuram - 631 501.

2. The Revenue Divisional officer Kancheepuram District Collectorate Compound, Vandavasi Road, Kancheepuram Ho, Kancheepuram - 631 501.

3. The Tahsildar Sriperumbudur Taluk SH-57, Ramanujar S Nagar, Sriperumbudur, Kancheepuram-602 105.

4. E.Hari Krishnan

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the third respondent office letter dated Na.Ka.700/2017/A1 dated 13.04.2017 and to quash the same and to direct the respondents 1 to 3 to take necessary steps to transfer the patta for the schedule mentioned property in the name of P.Neelakandan, S/o.Mr.Ponnan, the petitioner herein. For Petitioner :

Mr.Veangai I.Prakash Raj For Respondents :

Mr.S.N.Parthasarathy Government Advocate for R1 to R3

O R D E R

This writ petition is filed challenging the order of the 3rd respondent-Tahsildar in refusing to grant patta in favour of the petitioner. The said order was passed as early as on 13.04.2017. The petitioner instead of filing an appeal against the said order before the Revenue Divisional Officer immediately, has chosen to https://hcservices.ecourts.gov.in/hcservices/

file the present writ petition by challenging the said order, that too, after a period of nearly 2 years.

2. Under the above circumstances, this Court is not inclined to entertain the writ petition, as it finds that the petitioner is trying to short circuit the procedure contemplated under the Patta Passbook Act, without challenging the order of the Original Authority before the concerned Appellate Authority and Revisional Authority thereafter. Thus, this writ petition fails and the same is dismissed, without expressing any view on the merits of the claim made by the petitioner. However, it is open to the petitioner to file an appeal before the concerned Appellate Authority viz., the second respondent herein, by explaining the delay in approaching such authority. No costs.

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

1. The District Collector Kancheepuram District Collectorate Compound, Vandavasi Road, Kancheepuram HO, Kancheepuram - 631 501.

2. The Revenue Divisional officer Kancheepuram District Collectorate Compound, Vandavasi Road, Kancheepuram Ho, Kancheepuram - 631 501.

3. The Tahsildar Sriperumbudur Taluk SH-57, Ramanujar S Nagar, Sriperumbudur, Kancheepuram-602 105.

+1 cc to Government Pleader SR.NO. 28590 W.P.No.8176 of 2019 A.SK(27/04/2019) https://hcservices.ecourts.gov.in/hcservices/