Smt. Indrani v. The Additional Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2021

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.NO.10922 OF 2021 AND WMP.NO.11555 OF 2021 Indrani ... Petitioner Vs

1. The Additional commissioner, Revenue Administration, Chepauk, Chennai 600 005.

2. The District Collector, Collectorate Building, Coimbatore 641 018.

3. The Revenue Divisional Officer, State Bank Rd., Opp. Railway Station, Gopalapuram, Coimbatore, Tamil Naldu 641 018.

4. Sub-Collector, Palaghat, Pollachi, Tamil Nladu 642 001.

5. Thasildar, Dindigul, Bangalore road, Palaghat, Pollachi, Tamil Nladu 642 001.

6. V.Muthulakshmi ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 2, 3 and 4 to take action on the petitiner's complaint dated 24.12.2020 and consequently restore the patta in the name of the petitioner by cancelling the joint patta.

For petitioner ...

Mr.L.P.Maurya For respondents ...

Mr.S.K.Bhuvaneswari, Addl.Govt.Pleader for R1 to R5

ORDER

This writ petition has been filed seeking a direction to the respondents 2 to 4 to take action on the petitioner's complaint dated 24.12.2020.

2. According to the petitioner, while a civil dispute is pending between the parties, the 5th respondent Tahsildar granted Patta in favour of the 6th respondent. Hence, he made a representation to all the authorities, namely , the respondents 2 to 4 to cancel the patta. Earlier, the 4th respondent herein directed the 5th respondent to consider his representation. Thereafter, 3rd respondent also directed the 4th respondent to consider the petitioner's representation. But, so far no order has been passed. Hence, the present writ petition has been filed.

3. In view of the nature of the order, that is going to be passed in the writ petition, which no way would prejudice the interest of the 6th respondent , notice to the 6th respondent is dispensed with.

4. Heard the learned counsel for the petitioner and the learned Additional Government Pleader, appearing for the respondents 1 to 5.

5. Admittedly, as against the order passed by the Tahsildar, the petitioner has to file an appeal before the Revenue Divisional Officer, instead of that, she had only sent representation to the respondents 2 to 4 and come before this Court with the present writ petition for the relief stated supra, and such relief cannot be granted in the writ petition and the same is liable to be dismissed.

6. Accordingly, the Writ Petition is dismissed. However, liberty is given to the petitioner to approach the Revenue Divisional Officer, Pollachi, Coimbatore, and file the statutory appeal. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mrp

To 1.

The Additional commissioner, Revenue Administration, Chepauk, Chennai 600 005.

2.

The District Collector, Collectorate Building, Coimbatore 641 018.

3. The Revenue Divisional Officer, State Bank Rd., Opp. Railway Station, Gopalapuram, Coimbatore, Tamil Naldu 641 018.

4.

Sub-Collector, Palaghat, Pollachi, Tamil Nladu 642 001.

5.

Thasildalr, Dindigul, Bangalore road, Palaghat, Pollachi, Tamil Nadu 642 001.

+1cc to Mr.L.P.Maurya, Advocate, S.R.No.26416 +1cc to the Government Pleader, S.R.No.26344 W.P.No.10922 of 2021 GJ(CO) CS/08/07/2021