R.Sivakumar v. The Thasildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.08.2020 CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.23793 of 2014 R. Sivakumar ... Petitioner v.
1. The Thasildar, Sulur, Coimbatore District.
2. Karupathal ... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus, directing the 1st respondent to remove the name of the 2nd respondent in Patta No.397 with respect of the property existing in S.F.Nos.218/5, 219/6, 220/1 at Vettaikaran Kuttai, Kaniyur Village, Coimbatore District.
For Petitioner : Ms. Revathy For Respondents : Mrs.K. Bhuvaneswari Addl. Govt. Pleader - for R1 Mr. R.Venkatraman - for R2
O R D E R
The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the 1st respondent to remove the name of the 2nd respondent in Patta No.397 with respect of the property existing in S.F.Nos.218/5, 219/6, 220/1 at Vettaikaran Kuttai, Kaniyur Village, Coimbatore District. 2.Ms. Revathy, learned counsel appearing for the petitioner submitted that the 1st respondent-Thasildar has wrongly included the name of the 2nd respondent in the patta, hence, her name should be deleted in the patta.
3. The petitioner has got remedy by way of an appeal before the District Revenue Officer under section 12 of the Page 1/2 https://hcservices.ecourts.gov.in/hcservices/
Patta Passbook Act. The 1st respondent is not the authority to cancel the patta issued in favour of the 2nd respondent. In such view of the matter, I am not inclined to entertain the Writ Petition. However, it is open to the petitioner to file an appeal as against the issuance of patta in favour of the 2nd respondent as per the provisions of section 12 of the Patta Passbook Act.
With these observations, the Writ Petition is dismissed. No costs.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar Rj To The Thasildar, Sulur, Coimbatore District.
W.P.No.23793 of 2014 ssv(co) aa30/09/2020 Page 2/2 https://hcservices.ecourts.gov.in/hcservices/