Madras High CourtWP/33165/2023disposed of

K.Karvannan v. The Sub Collector

2023-11-24Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and W.M.P.Nos.32856 & 32858 of 2023 K.Karvannan ... Petitioner Vs.

1.The Sub Collector Tindivanam Villupuram District.

2.The Tahsildar Gingee Taluk Villupuram District.

3.Sakkarapani 4.Sanjeevinathan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the entire records relating to the order dated 01.09.2023 made in Moo.Mu.(AA2) No.4691/2023 on the file of the first respondent herein and quash the same.

For Petitioner : Mr.C.Munusamy For Respondents : Mr.V.Veluchamy Additional Government Pleader for RR1 & 2

O R D E R

Challenging the order dated 01.09.2023 passed by the 1st respondent in Moo.Mu(AA2) No.4691, the petitioner has filed the present Writ Petition.

2. By consent of both the parties, this Writ Petition is taken up for final disposal at the admission itself.

3. Mr.V.Veluchamy, learned Additional Government Pleader takes notice for the respondents 1 and 2.

4. Heard both sides and perused the materials available on record.

5. On a perusal of records, it is seen that the petitioner had already filed a suit for declaration and mandatory injunction in respect of the subject property,

before the First Additional District Judge, Tindivanam, and the same is pending. Pending suit, the Revenue Authorities have changed the Patta in favour of the earlier vendors. Now, the petitioner has got two options, either he has to challenge the order passed by the Sub-Collector, Tindivanam to the appellate authority, viz., the Revenue Divisional Officer, or he has to work out the remedy before the Civil Court. The petitioner has got two options to exercise after receipt of the impugned order, but without doing so and as he is remedyless, has filed the present Writ Petition.

6. Under these circumstances, there are no merits in this Writ Petition and it stands dismissed. No costs. Consequently connected miscellaneous petitions are closed.

24.11.2023 Jer Index:Yes/No Speaking Order: Yes/No

To 1.The Sub Collector Tindivanam Villupuram District.

2.The Tahsildar Gingee Taluk Villupuram District.

P.VELMURUGAN, J., Jer 24.11.2023