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Madras High CourtWP/24860/2022dismissed

T.Lakshman Sekar v. The Tahsildar

2022-09-16Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI T.Lakshman Sekar .. Petitioner

Versus

1.The Tahsildar Tirupattur Taluk Tirupattur District 2.Collector of Tirupattur Tirupattur District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the report placed in K K o1/4898/2021 dated 21/02/2022 by the respondent 1 to quash the same and direct the respondent 1 to transmit the records, such as drawings, 'A' Register Extract and connected records pertaining to the Scheduled mentioned property shown herein.

For Petitioner : Mr.C.Kanagarajan For Respondents : Mr.E.Sundaram Government Advocate

ORDER

This writ petition is filed seeking for challenging the report placed in K K o1/4898/2021 dated 21/02/2022 by the first respondent, quash the same and 1/4

consequently, direct the first respondent to transmit the records, such as drawings, 'A' Register Extract and connected records pertaining to the Scheduled mentioned property shown herein.

2. The case of the petitioner is that the petitioner is the owner of the property situated at Panchai Village, bearing Survey No.314/3, measuring to an extent of 1100 sq.ft., out of 2 acres 16 cents at Sriram Nagar, Tirupattur. Further, through advocate, the petitioner has applied for issuance of patta, as there was no orders forthcoming. He filed a writ petition in W.P.No.24028/2021 and the same was disposed of on 11.11.2021 to pass appropriate orders. Pursuant to which, the impugned order. Challenging the same, this writ petition.

3. Heard learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.

3.1. The petitioner submitted an application with a request to measure the property, fix the boundaries of the land and issue patta. Subsequent to which, this impugned order. This Court is of the view as against the order of the first respondent, there is an effective remedy before Revenue Divisional Officer, 2/4

without exhausting such remedy available under the Tamil Nadu Patta Passbook Act, 1983. Hence, this writ petition is not maintainable. However, liberty is granted to the petitioner to file an appeal, if any, before the jurisdictional Revenue Divisional Officer in terms of Section 12 of the Tamil Nadu Patta Passbook Act, 1983.

4. Accordingly, this writ petition stands disposed of. No costs. Registry is directed to return the original papers to the petitioner enabling to file appeal, if any.

16.09.2022 Index:Yes/No To 1.The Tahsildar Tirupattur Taluk Tirupattur District 2.Collector of Tirupattur Tirupattur District.

M. DHANDAPANI, J.

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dhk W.P.No.24860 of 2022 16.09.2022 (1/2) 4/4