A.Sankar, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.1235 of 2018 A.Sankar S/o.Annamalai .. Petitioner versus 1.The District Collector Villupuram District, Villupuram.

2.The Revenue Divisional Officer O/o. Revenue Divisional Office Thindivanam, Villupuram District.

3.The Tahsildar Thindivanam Taluk Thindivanam.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent impugned order passed in Na.Ka.F/33/2016 dated 11.07.2017 and quash the same and consequently, direct the respondents to mark the petitioner property situated in the New Survey No.318/5 (Old Survey No.201/43 part) Olakkur Village, Thindivanam Taluk to the extent 00048 Square Meter bearing Patta No.758 in the FMB Sketch. For Petitioner : Mr.J.Karthikeyan For Respondents : Mr.S.Soundarajan Government Advocate

O R D E R

As against the order passed by the Tahsildar namely the third respondent, in respect of the survey proceedings, the petitioner has chosen to file the present writ petition.

2. This Court is not inclined to entertain this writ petition, without going into the merits of the matter, only on the reason that the petitioner has an alternative remedy of https://hcservices.ecourts.gov.in/hcservices/

filing an appeal before the Revenue Divisional Officer, as has been indicated in the impugned order itself. Since such Appellate Authority is also a fact finding authority, it is for the petitioner to work out his remedy before the Appellate Authority, by filing an appeal and raising all the factual contentions therein. Without doing so, the petitioner is not justified in approaching this Court, and filing the present writ petition. Accordingly, this writ petition is disposed of, without expressing any view on the merits of the matter, only with liberty to the petitioner to file an appeal against the order passed by the third respondent 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 V) //True Copy// Sub Assistant Registrar mk To 1.The District Collector Villupuram District, Villupuram.

2.The Revenue Divisional Officer O/o. Revenue Divisional Office Thindivanam, Villupuram District.

3.The Tahsildar Thindivanam Taluk Thindivanam.

+1cc to Mr.J.Karthikeyan, Advocate, S.R.No.4774 +1cc to the Government Pleader, S.R.No.4841 W.P.No.1235 of 2018 sr(CO) sK(03/02/2018) https://hcservices.ecourts.gov.in/hcservices/