Sudha v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH Sudha ... Petitioner Vs.
1.The District Collector, Salem District, Salem.
2.The Tahsildar, Mettur Taluk Office, Salem District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the rejection order passed by the 2nd respondent in Na.Ka.No.94/2023/B3 dated 08.02.2023, quash the same and direct the respondents to issue House Site Patta to the petitioner for the land comprised in S.No.392/10, Poyar Street, Kolathur Village, Mettur Taluk, Salem District to the extent of 1 1⁄2 cents.
For Petitioner : Mr.V. Elangovan For Respondents : Mr.R.P. Murugan Raja, Government Advocate 1/4
ORDER
Mr.R.P. Murugan Raja, learned Government Advocate, takes notice for the respondents. With the consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
2. As against the order of cancellation of patta, Section 12 of the Tamil Nadu Patta Passbook Act, 1983, provides for an appeal to the Appellate Authority.
3. The grounds raised in the present Writ Petition questions the reasoning given by the Tahsildar, while cancelling the patta. As such, this Court would not be justified in entertaining the present Writ Petition, without the petitioner exhausting the alternate remedy.
4. In this background, the petitioner is granted liberty to file an appeal before the Appellate Authority, within a period of thirty (30) days from the date of receipt of a copy of this order. 2/4
5. With the above direction, the Writ Petition stands closed. No costs.
6. The Registry is directed to return the original impugned order. 17.03.2023 Speaking/Non-speaking Order Internet: Yes/No Index: Yes/No Sni To 1.The District Collector, Salem District, Salem.
2.The Tahsildar, Mettur Taluk Office, Salem District.
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M.S.RAMESH, J.
Sni 17.03.2023 4/4