Lawrence v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2023 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN and W.M.P.Nos.29737 & 29738 of 2023 Lawrence ... Petitioner

Versus

1.The Revenue Divisional Officer, Cuddalore, Cuddalore Taluk, Cuddalore District.

2.The Revenue Tahsildar, Panruti, Cuddalore Taluk, Cuddalore District.

3.Mrs. Jacquelin ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to call for the records and quash the proceedings of the 2nd respondent in Na.Ka.Aa3/7407/2019, dated.....02.2023 signed on 20.02.2023.

For Petitioner :

Mr. Gururaj for Mr. D. Baskar For Respondents :

Mr. V. Veluchamy, AGP (for R1 & R2) :

Mr. P. Dinesh Kumar (for R3)

O R D E R

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Earlier, by order dated 08.06.2022 in W.P.No.12868 of 2022 filed by the petitioner herein, this Court had directed the first respondent/Revenue Divisional Officer to forward the representation of the third respondent herein to the second respondent/Tahsildar, who was in turn directed to consider the representation, after affording opportunity of hearing to the petitioner as well as the third respondent, and pass orders in accordance with the provisions of the Tamil Nadu Patta Passbook Act. 2.

While that being so, now, the second respondent had passed the impugned order dated ...02.2023 [signed on 20.02.2023], cancelling the Patta standing in the name of the mother of the petitioner herein. Challenging the said order of the second respondent, the present writ petition is filed before this Court.

3.

Though the petitioner has got the remedy to challenge the order of the second respondent before the first respondent/Revenue Divisional Officer, who is the competent appellate authority, without approaching the first respondent, the petitioner again has filed the present Page No.2 of 5

writ petition, which is not sustainable at this stage. 4.

Even though the petitioner is having an effective appeal remedy, without exhausting the appellate remedy, has filed the present writ petition before this Court. Therefore, this Court is of the considered view that the Writ Petition is not maintainable. However, the petitioner is at liberty to work out his remedy before the appropriate forum in a manner known to law.

5.

With the above observations/directions, the Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are also closed.

07.12.2023 Index : yes/no Speaking order : yes/no N.C.C.

: yes/no klt Page No.3 of 5

To:

1.The Revenue Divisional Officer, Cuddalore, Cuddalore Taluk, Cuddalore District.

2.The Revenue Tahsildar, Panruti, Cuddalore Taluk, Cuddalore District.

Page No.4 of 5

P. VELMURUGAN, J.

klt and W.M.P.Nos.29737 & 29738 of 2023 07.12.2023 Page No.5 of 5