Nalina Ammal v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.33846 of 2007 Nalina Ammal ... Petitioner Vs.

1.The Thasildhar, Villupuram.

2.The Zonal Deputy Thasildhar, Zone III, Villupuram.

3.Lakshmi Ammal ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the proceedings of the 2nd respondent in Na.Ka.A3/R.T.R./ / 2007 dated nil and signed by the 2nd respondent on 27.08.2007 and thereby quash the same and consequently forbear the 2nd respondent from taking any steps to change the patta in respect of Natham S.No.187/1 (New R.S.No.313/7) out of 15.16 acres and the property in S.No.187/4 (New R.S.No.313/8) with an extent of 5 cents at Mundiyambakkam Village, Villupuram Taluk.

For Petitioner : Mr.N.Suresh For Respondents: Mr.K.Ravikumar for R1 and R2 Additional Government Pleader Mr.S.Krishnasamy for R3

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the records of the proceedings of the second respondent in Na.Ka.A3/R.T.R./ / 2007 dated nil and signed by the second respondent on 27.08.2007 and to quash the same and to consequently forbear the second respondent from taking steps to change the patta in respect of Natham S.No.187/1 (New R.S.No.313/7) out of 15.16 acres and the property in S.No.187/4 (New R.S.No.313/8) with an extent of 5 cents at Mundiyambakkam Village, Villupuram Taluk.

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2.Perusal of the impugned order discloses that it is only a show cause notice calling upon the petitioner for enquiry with regard to the change of patta. Mere issuance of the show cause notice will not deprive the right of the petitioner and the petitioner can very well approach the Authority and place material before the Authority for appropriate remedy. Without doing so, the petitioner has filed this petition is not sustainable.

3.In view of the above, the writ petition is dismissed. However, this order will not stand on the way of the petitioner to approach the concerned Authority and produce relevant materials before the Authority for proper adjudication. 4.The writ petition is dismissed on the above terms. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar pri To 1.The Thasildhar, Villupuram.

2.The Zonal Deputy Thasildhar, Zone III, Villupuram.

+1cc to Mr. N.Suresh, Advocate, S.R.No. 52805 +1cc to Mr.S.Krishnaswamy, Advocate, S.R.No. 52665 +1cc to the Government Pleader, S.R.No. 53206 W.P.No.33846 of 2007 VD(CO) GN(10/09/2018) https://hcservices.ecourts.gov.in/hcservices/