K.Adhimoolam, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.09.2016 Coram THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM WRIT PETITION NO.33425 OF 2016 K. Adhimoolam

...Petitioner

Vs.

1.

The District Collector, Villupuram District.

2.

The Revenue Divisional Officer, Kallakurichi,Villupuram District.

3.

The Revenue Tahsildar, Sankarapuram Taluk, Villupuram District.

4.

The Village Administrative Officer, Pallagacheri Village, Sankarapuram Taluk, Villupuram District.

5.

Elumalai 6.

Kalvarayan

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the third and fourth respondents to consider the petitioner's representation, dated 22.08.2016, for patta name transfer and sub-division and cancellation of patta in accordance with law within the time that may be stipulated by this Court. For Petitioner : Mr.S.Mohamed Ansar For Respondents 1 to 4: Mr.P.Chinnadurai Government Advocate

O R D E R

Heard Mr.S.Mohamed Ansar, learned counsel appearing for the petitioner, and Mr.P.Chinnadurai learned Government Advocate, accepting notice on behalf of respondents 1 to 4. With the consent on either side, the Writ Petition itself is taken up for disposal.

https://hcservices.ecourts.gov.in/hcservices/

2.

The petitioner has filed Writ Petition, praying for issuance of a writ of mandamus, to direct the third and fourth respondents to consider his representation, dated 22.08.2016, to cancel the patta granted in the names of respondents 5 and 6 and to grant patta in his name.

3.

The petitioner case is that, the third respondent has granted patta in the names of the respondents 5 and 6, in respect of a property, and the petitioner claims that, he is the actual owner of the property. Therefore, he has made an application before the third respondent, seeking to delete the names of respondents 5 and 6, and to grant patta in his name. Since the said Application evoked no response, the petitioner has approached this Court, by way of filing thisWrit Petition, seeking for the aforementioned relief.

4.

The relief sought for by the petitioner, in this Writ Petition cannot be granted, as the third respondent/Revenue Tahsildar, cannot revise his own order. Therefore, the petitioner should prefer an Appeal before the Appellate Authority. Accordingly, the Writ Petition is dismissed, granting liberty to the petitioner to prefer Appeal as against the grant of patta in favour of respondents 5 and 6. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sd To 1.

The District Collector, Villupuram District.

2.

The Revenue Divisional Officer, Kallakurichi, Villupuram District.

3.

The Revenue Tahsildar, Sankarapuram Taluk,Villupuram District.

4.

The Village Administrative Officer, Pallagacheri Village, Sankarapuram Taluk, Villupuram District.

+1cc to M/s. S. Mohamed, Advocate, S.R.No.54300 PSK(CO) EU(1/11/2016) Writ Petition No.33425 of 2016 https://hcservices.ecourts.gov.in/hcservices/