M.Shankar v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.10.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.NO.15068 OF 2020 & WMP.NO.18782 OF 2020 M.Shankar ... Petitioner Vs.

1. The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Vandavasi Town, Thiruvannamalai District.

2. The Tahsildar, Taluk Office Vandavasi Town, Thiruvannamalai District.

3. M. Permachi .. Respondents Prayer:

Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order dated 05.03.2020 bearing Ref No. Pa. Mu. Aa4/ 1232/ 2020 on the file of the 2nd respondent and quash the same and consequently to cancel the patta issued in favour of the third Respondent in Patta no. 902 Vedal Village Vandavasi Taluk Tiruvannamalai District for the lands situated in Vedal Village in Survey No.233/ 10B for an extent of 0.4.16 and reverse the entries as it stood originally For Petitioner : Mr.M.Arvind Subramanian For Respondents: Mr.S.N.Parthasarathy, Govt. Advocate

O R D E R

This Writ Petition has been filed challenging the impugned order passed by the 2nd respondent dated 5.3.2020.

2. Heard Mr. Arvind Subramanian, learned counsel appearing for the petitioner and Mr.S.N.Parthasarathy, learned Govt. Advocate appearing for the respondents 1 and 2.

3. The petitioner made a representation to the 2nd respondent on 23.09.2019, wherein, the petitioner had sought for the cancellation of patta issued in favour of the 3rd respondent in patta No.902 with respect to the subject property. The 2nd respondent has passed the impugned order dated 5.3.2020 rejecting the application made by the petitioner. The 2nd respondent has found that there is no ground to cancel the patta issued in favour of the 3rd respondent.

5. The main grievance that has been expressed by the learned counsel for the petitioner is that the enquiry was not conducted in a fair manner and proper opportunity was not given to the petitioner.

6. Per contra, the learned Govt. Advocate submitted that there is an appellate remedy provided under the relevant enactment and the petitioner without resorting to the alternative remedy, cannot be permitted to approach this Court directly by filing a writ petition.

7. In the considered view of this Court, the petitioner has an efficacious alternative remedy to appeal before the 1st respondent, if he is aggrieved by the order passed by the 2nd respondent. This Court cannot entertain this writ petition directly against the order passed by the 2nd respondent.

8. In view of the above, there shall be a direction to the petitioner to file an appeal before the 1st respondent on or before 10.11.2020. The 1st respondent, on receipt of the appeal filed by the petitioner, shall issue notice to the 3rd respondent and conduct an enquiry by giving sufficient opportunity to all the parties concerned. Final order shall be passed strictly in accordance with law within a period of eight weeks from the date of receipt of the appeal filed by the petitioner. Till final orders are passed in the appeal by the 1st respondent, status quo in the Revenue Records shall be maintained as it is.

9. This Writ Petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed. The Registry is directed to hand over the original order passed by the 2nd respondent to enable the petitioner to file the appeal.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar msr To 1.The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Vandavasi Town, Thiruvannamalai District.

2.The Tahsildar, Taluk Office Vandavasi Town, Thiruvannamalai District.

Copy To The Section Officer, ER Section, High Court, Madras-104.

+1cc to the Government Pleader, S.R.No.35216 +1cc to Mr.Aravind Subramanian, Advocate in sr.no.35421 (05.11.2020) W.P.No.15068 of 2020 & WMP.No.18782 of 2020 MTI(CO) CS/04/11/2020