R.Florence v. The District Collector

IN THE HIGH COURT OF JUDICATUE AT MADRAS

DATED: 20.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR Mrs.R.Florence .. Petitioner Vs 1.The District Collector, Thiruvallur District.

2.The Revenue Divisional Officer, Thiruvallur District.

3.The Tahsildar, Avadi Taluk, Avadi.

4.The Senior Divisional Engineer-cum-Coordination, Divisional Office, Works Branch, Southern Railway, Park Town, Chennai - 3.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of certiorarified mandamus to call for the records of the impugned order of the first respondent dated 19.03.2024 in Na.Ka.No.9610/2023/N1 and quash the same as illegal, unlawful and ultravirus of the Constitution of India and consequently direct the first respondent to rectify the computer TSLR in terms of the 1/4

report and recommendation of the respondents 2 and 3 vide Na.Ka.No.2454/2023/A5, dated 12.04.2023 and Na.Ka.No.464/2023/AA1, dated 20.03.2023 respectively and issue patta to the petitioner.

For Petitioner : Mr.T.N.Murali Moghan For R1 to R3 : Mr.P.Sathish, AGP For R4 : Mr.S.Diwahar, CGSPC

ORDER

Questioning the order passed by the first respondent in his proceedings in Na.Ka.No.9610/2023/N1, dated 19.03.2024, negativing the request of the petitioner for issuance of patta in respect of Old Survey No.884, Thirumullaivoyal Village, Avadi Taluk, Thiruvallur District, the writ petitioner has approached this Court.

2. When the writ petition is taken up for hearing, learned Additional Government Pleader appearing for the respondents 1 to 3, would submit that challenging the very same impugned order, the petitioner has filed an appeal before the Director of Survey and Settlement, Chennai, and enquiry in the appeal also completed and final 2/4

orders are awaited. The said statement made by the learned Additional Government Pleader is recorded.

3. In view of the fact that the petitioner has already availed alternative remedy of appeal before the competent authority, she is not entitled to approach this Court simultaneously by invoking Article 226 of the Constitution of India. Hence, the writ petition is dismissed with liberty to petitioner to work out her remedy in the appeal pending before the competent authority. No Costs. W.M.P.No.18797 of 2024 is closed. 20.08.2024 Index: yes/no rkm S.SOUNTHAR, J.

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rkm To 1.The District Collector, Thiruvallur District.

2.The Revenue Divisional Officer, Thiruvallur District.

3.The Tahsildar, Avadi Taluk, Avadi.

4.The Senior Divisional Engineer-cum-Coordination, Divisional Office, Works Branch, Southern Railway, Park Town, Chennai - 3.

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