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Madras High CourtWP/30569/2024dismissed

M.Murugesan v. The District Revenue Officer

2024-11-11Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA M.Murugesan ... Petitioner Vs.

1.The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai.

2.Deiveegan

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 1st respondent to dispose of the statutory Plea preferred by the petitioner 08.02.2023 under Section 10 of Tamil Nadu Patta Passbook Act, within a time frame limit that may be fixed by this Honourable Court after giving an adequate opportunity of personal hearing to place the facts and documents. For Petitioner : M/s.P.G.Thiyagu For Respondents :M/s.M.R.Gokul Krishnan, AGP for R.1 :M/s.A.L.Ganthimathi, Senior Counsel for M/s.L.Palanimuthu for R2 1/4

O R D E R

The Writ Petition is filed for the issue of a mandamus directing the 1st respondent to dispose of the statutory appeal preferred by the petitioner on 08.02.2023 under Section 10 of Tamil Nadu Patta Passbook Act, within a time frame limit that may be fixed by this Honourable Court after giving an adequate opportunity of personal hearing to place the facts and document.

2. A mandamus cannot be granted for the simple reason that the petitioner has already suffered an order at the hands of the 1st respondent on 10.11.2022 in Se.Mu.No.M4/188/2017. Now, the petitioner has moved a plea once again before the very same officer who has passed the order. The remedy available to the petitioner is to challenge the order passed by the 1st respondent in the manner known to law and not to file a an appeal once again before the 1st respondent, who has no jurisdiction to entertain the same.

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3. Accordingly, the Writ Petition stands dismissed. It is open to the petitioner to move such proceedings as advised. No costs. 11.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai.

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P.T. ASHA . J., (shr) 11.11.2024 4/4