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Madras High CourtWP/16134/2024dismissed

R.Karthikeyan v. The District Collector

2024-08-12Honourable Mr Justice S. Sounthar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and WMP.No.19389 of 2024 R.Karthikeyan ... Petitioner vs.

1.The District Collector, Collectorate Office, Chengalpet.

2.The Revenue Divisional Officer, VOC Nagar, Chengalpet.

3.The Tahsildar, Tambaram Taluk Office, Chengalpet District. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the proceedings dated 18.03.2024 bearing No.Na.Ka.5211/2023/A2 on the file of the 3rd respondent to quash the same as illegal and without jurisdiction and to consequently direct the 3rd respondent to effect transfer of patta to 1/7

reflect the name of the petitioner as the owner of the lands in S.F.No.6/1A1 and 6/1B, Thiruvanchery Village, Tambaram Taluk. For Petitioner : Mr.K.Sharath Chandran For Respondents : Mr.P.Sathish Additional Government Pleader W.P.No.17605 of 2024 VVV Construction Private Limited, Represented by its Managing Director, Mr.V.Venkatavijayan, No.14, Pillayar Kovil Street Extension, Annai Sathiya Nagar Main Road, Nesapakkam, Chennai - 78.

... Petitioner vs.

1.The District Collector, Collectorate Office, Chengalpet.

2.The Revenue Divisional Officer, VOC Nagar, Chengalpet.

3.The Tahsildar, Tambaram Taluk Office, Chengalpet District. ... Respondents 2/7

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the proceedings dated 18.03.2024 bearing No.Na.Ka.160/2024/A2 on the file of the 3rd respondent to quash the same as illegal and without jurisdiction and to consequently direct the 3rd respondent to effect transfer of patta to reflect the name of the petitioner as the owner of the lands in S.F.No.3/1B, Thiruvanchery Village, Tambaram Taluk.

For Petitioner : Mr.K.Sharath Chandran For Respondents : Mr.P.Sathish Additional Government Pleader C O M M O N O R D E R The learned Additional Government Pleader appearing for the respondents would submit that challenging the very same impugned order, the petitioners filed an appeal before the second respondent and the same is pending disposal.

2. It is also further stated that notice for enquiry was already issued to the parties for hearing on 21.08.2024 in the appeal pending before 3/7

the second respondent.

3. In view of the fact, the petitioners already availed the appellate remedy before the second respondent, this Court is not inclined to entertain these writ petitions. Hence, these writ petitions are dismissed with liberty to the petitioners to workout their remedy before the second respondent in the pending appeal. Since the second respondent has already issued notice fixing the date of hearing on 21.08.2024 without going into the merits of the case, the second respondent is directed to dispose of the appeal within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

12.08.2024 Index : Yes/No Speaking order:Yes/No ub 4/7

To 1.The District Collector, Collectorate Office, Chengalpet.

2.The Revenue Divisional Officer, VOC Nagar, Chengalpet.

3.The Tahsildar, Tambaram Taluk Office, Chengalpet District.

5/7

S.SOUNTHAR, J.

ub 6/7

12.08.2024 7/7