Vengatasubbaiah@B.R.Bhaskar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.26980 of 2024 and WMP.No.29962 of 2024 Vengatasubbaiah @ B.R.Bhaskar
...Petitioner
Vs.
1. The District Collector, Thiruvallur District, Thiruvallur.
2. The Revenue Divisional Officer, R.D.O. Office, Thiruvallur, Thiruvallur District.
3. The Tahsildar, Taluk Office, Thiruvallur, Thiruvallur District.
4. Ezhumalai Reddy.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of 3rd respondent herein relating to his order passed in Na Ka.No.4863/2023/Aa2 dated 05.07.2023 rejecting the patta for the lands in the name of the petitioner 1/5
in Survey No.492/3 and 494/4 and quash the same, consequently directing the 2nd and 3rd respondents to change the name of patta No.55 to petitioner's name for Survey No.494/4 and issue the new patta for the Survey No.492/3, herein with regard to the property situated at No.86 Nathamedu Village, Paakkam, Thiruvoor, Tiruvallur District to the extent area of 0.55 acres land, consisting of survey No.494/4 measuring 0.19 acres and Survey No.492/3 measuring 0.36 acres.
For Petitioner : Mr.D.Saikumaran For Respondent : Mr.A.Selvendran for R1 to R3 Special Government Pleader
O R D E R
Aggrieved by the order passed by the third respondent refusing to grant patta in favour of the petitioner in respect of the property situated in S.Nos.492/3 and 492/4 at No.86 Nathamedu Village, Paakam, Thiruvallur District, the petitioner has come by way of this Writ Petition. 2/5
2. It is the case of the petitioner that he purchased the subject property under a registered sale deed dated 30.08.1979 and based on the said sale deed, he filed an application before the third respondent seeking mutation of revenue records. However, the request of the petitioner was rejected by the third respondent on the ground that the subject land was classified as Aanathinam even prior to UDR updation. Aggrieved by the same, the petitioner is before this Court.
3. A perusal of the sale deed in favour of the petitioner would suggest that even in the sale deed the land is described as Nanjai Aanadhinam land. Against the order passed by the third respondent, the petitioner has appeal remedy before the second respondent. Further against the order passed by the second respondent, the petitioner has remedy of revision before the first respondent.
4. In view of the effective alternative remedy available, this Court is not inclined to entertain the Writ Petition. Accordingly, this Writ Petition stands dismissed with the liberty to file appeal before the second respondent. 3/5
No costs. Consequently, connected Miscellaneous Petition is closed. 19.09.2024 (1⁄2) Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna To
1. The District Collector, Thiruvallur District, Thiruvallur.
2. The Revenue Divisional Officer, R.D.O. Office, Thiruvallur, Thiruvallur District.
3. The Tahsildar, Taluk Office, Thiruvallur, Thiruvallur District.
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S.SOUNTHAR , J.
dna W.P No.26980 of 2024 and WMP.No.29962 of 2024 (1⁄2) 19.09.2024 5/5