F.Jaffarus Sadik, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2018 CORAM :
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.No.9197 of 2011 F.Jaffarus Sadik ... Petitioner -Vs1.The District Collector, O/o. District Collectorate of Kanchipuram, Kanchipuram.
2.The Revenue Divisional Officer, O/o.District Collectorate of Kanchipuram, Kanchipuram.
3.The Tahsildar, O/o.District Collector Office, Sri Perumbudhur.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to Oo.Mu No.7828/2010/Aa1 dated 20.09.2010 passed by the 3rd respondent and quash the same and subsequently direct the 2nd and 3rd respondents to issue patta in favour of the petitioner with respect to the property situated No.57, Irungakattukottai 'B' Village, Sriperumbudhur Taluk, Kancheepuram District, Punjai land bearing Survey No.328/5 measuring an extent of 1 acre 04 cents and bounded on the north by : Archana Plot, South by : Archana Plot, East by : 24 feet road, and west by : punjai garden belonging to Sadagoban Road.
For Petitioner : Mr.A.Abdul Rahman for M/s.Nathan and Asso.
For Respondents : Mr.J.Pothiraj, Special Government Pleader
O R D E R
Heard Mr.A.Abdul Rahman, learned counsel for the petitioner and Mr.J.Pothiraj, learned Special Government Pleader appearing for the respondents.
2. The petitioner has approached this Court, seeking the following relief:- "To issue a Writ of Certiorarified Mandamus, to call for the records relating to Oo.Mu No.7828/2010/Aa1 dated 20.09.2010 passed by the 3rd respondent and quash the same and subsequently direct the 2nd and 3rd respondents to issue patta in favour of the petitioner with respect to the property situated No.57, Irungakattukottai 'B'
Village, Sriperumbudhur Taluk, Kancheepuram District, Punjai land bearing Survey No.328/5 measuring an extent of 1 acre 04 cents and bounded on the north by : Archana Plot, South by : Archana Plot, East by : 24 feet road, and west by : punjai garden belonging to Sadagoban Road. "
3. The case of the petitioner is as follows:- The present writ petition is filed against the order passed by the third respondent, refusing to grant patta sought by the petitioner. It is needless to say that there is a statutory appeal available to the petitioner with the second respondent. However, without exhausting the appellate remedies available to the petitioner, he has directly approached this Court by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.
4. Upon notice, learned Special Government Pleader appearing for the respondents entered appearance and filed a counter affidavit.
5. The learned Special Government Pleader would submit that the petitioner is only a encroacher, therefore, he is not entitled to grant of patta. Therefore, the Tahsildar, the third respondent herein, has rightly rejected the claim of the petitioner.
6. However, without going into the merits and demerits of the claim of the petitioner, this Court on the prima facie view, has to dismiss the writ petition as not maintainable in law, in view of the effective appellate remedy available to the petitioner to approach the higher authority concerned.
7. With the above observation, the writ petition is dismissed as not maintainable. However, it is open to the petitioner to approach the higher authority, if he so advised. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gsk To 1.The District Collector, O/o. District Collectorate of Kanchipuram, Kanchipuram.
2.The Revenue Divisional Officer, O/o.District Collectorate of Kanchipuram, Kanchipuram.
3.The Tahsildar, O/o.District Collector Office, Sri Perumbudhur.
+1cc to the Government Pleader Sr.31320 W.P.No.9197 of 2011 ssi[co] srg 29/05/2018