G.Dillibabu (M/A-30 Yrs) v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2018

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN W.P.No.471 of 2014

1. G.Dillibabu

2. G.Arul Kumar

3. G.Senthil Kumar ... Petitioners Vs.

1. The District Collector, Tiruvallur District.

2. The District Revenue Officer, Tiruvallur District.

3. The Revenue Divisional Officer, Tiruvallur Revenue Division, Tiruvallur.

4. The Tasildhar, Tiruvallur Taluk, Tiruvallur District

5. P.Jayachandran ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of certiorarified Mandamus directing the respondents 1 to 4 to call for the records No.Mu.Mu.Nav.No.152/09/ Date 06.08.2009 for Grama natham Old Survey No.150/1, New Survey No.312/6, issued by the 1st respondent in favour of late V.Gopalakrishnan Pillai, in Patta No.61, and the deceased father of the petitioners and nullify the order dated 12.04.2010 in Mu.Mu.2459/2009 A5, passed by 3rd respondent removing petitioners father's name Mr.V.Gopalakrishnan Pillai from the official records No.Mu.Mu.Nav.No.152/09/ Date 06.08.2009 for Grama natham Old Survey No.150/1, New Survey No.312/6, Adikthur Village, Kadambathur Post, Tiruvallur Taluk & District and quash the same and also direct the respondents 1 to 4 to consider the representations of the petitioners dated 09.07.2012 and issue

patta in the name of the petitioners in respect of the property comprised in Survey No.312/6, Adikthur Village, Kadambathur Post, Tiruvallur Taluk & District.

For Petitioner : Mr. R.Shankar For Respondents : Mr.R.Govindasamy, Spl.G.P.,

O R D E R

This writ petition has been filed challenging the order passed by the third respondent, Revenue Divisional Officer cancelling the patta granted in favour of the petitioner's father.

2. Today, when the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondents submitted that challenging the very same order passed by the Revenue Divisional Officer/the third respondent, the petitioner already filed a revision before the District Revenue Officer, Tiruvallur/ the second respondent herein and and the revision is still pending. Since the petitioner already filed a revision before the second respondent, he cannot maintain the writ petition before this Court.

3. Considering the fact that against the order passed by the third respondent an alternative remedy is provided, and invoking the same, the petitioner has already filed a revision before the second respondent District Revenue Officer, and the same is pending, the petitioner cannot file this writ petition challenging the very same order and the writ petition is liable to be dismissed.

4. Considering the fact that Revision Petition is pending before the District Revenue Officer/ the second respondent is directed to consider the said revision and pass suitable orders on merits and in accordance with law, within a period of twelve

(12) weeks after issuing notice to the petitioner as well as the other interested parties.

5. With the above directions , this writ petition is dismissed. No costs.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar mrp

To

1. The District Collector, Tiruvallur District.

2. The District Revenue Officer, Tiruvallur District.

3. The Revenue Divisional Officer, Tiruvallur Revenue Division, Tiruvallur.

4. The Tasildhar, Tiruvallur Taluk, Tiruvallur District +1 CC to Govt. Pleader sr 8175 W.P.No.471 of 2014 SV(CO) SP(06/03/2019)