M. Sivakumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.16278 of 2016

1. M.Sivakumar 2.S.Jaya .. Petitioners Vs.

1. The District Collector, Collectorate of Chennai District, Chennai.

2. The Tahsildar, Purasawalkam-Perambur Taluk, Chennai.

.. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the entire records on the file of the 2nd respondent herein relating to the 2nd respondent impugned notice/proceeding in Pa.Ma.no.1411/2015 dated 19.01.2016 for non-issue of Patta and quash the same as illegal and consequently direct the 1st and 2nd respondents herein to issue patta in the name of the petitioner herein in respect of the lands as stated in Item Nos.1 to 6 in the affidavit. For Petitioners : Mr.A.P.Ramesh For respondents : Mr.E.Balamurugan, Additional Government Pleader

O R D E R

The present writ petition is filed challenging the order of the 2nd respondent, refusing to grant patta in favour of the petitioner, based on certain reasons set out in the impugned order.

2. This Court is not inclined to go into the merits of the matter and express its view on the same since the petitioner is having an effective alternative remedy to go before the Appellate Authority, namely, Revenue Divisional Officer and file https://hcservices.ecourts.gov.in/hcservices/

an Appeal challenging the present impugned order. Without doing so, filing the present writ petition cannot be entertained. Accordingly, the writ petition is dismissed, without expressing any view on the merits of the matter, however, by granting liberty to the petitioner to file an appeal before the concerned Revenue Divisional Officer within a period of four weeks from the date of receipt of a copy of this order No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsi To

1. The District Collector, Collectorate of Chennai District, Chennai.

2. The Tahsildar, Purasawalkam-Perambur Taluk, Chennai.

+2cc to Mr.A.P.Ramesh, Advocate, S.R.No.77419 +1cc to the Government Pleader, S.R.No.77650 W.P.No.16278 of 2016 NRI(CO) GN(15/11/2017) https://hcservices.ecourts.gov.in/hcservices/