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Madras High CourtWP/34538/2023dismissed

K.Maharani v. The State Of Tamil Nadu

2023-12-15Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.34538 of 2023 and W.M.P.Nos.34453 and 34455 of 2023

1. K.Maharani

2. C.Mangammal

3. M.Sala

4. M.Shobana

5. R.Sathya ... Petitioners Vs.

1.The State of Tamil Nadu Rep. by its Secretary to the Government Revenue Department Fort St. George, Chennai - 600 009

2. The District Collector Dharmapuri District

3. The District Revenue Officer Dharmapuri District

4. The Revenue Divisional Officer Dharmapuri District

5. The Tahsildar Nallampalli Taluk Dharmapuri District

6. The Village Administrative Officer A.Jettihalli Village, Dharmapuri District ... Respondents 1/5

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order passed by the 5th respondent in his proceedings Na.Ka.No.3873/2022/E1, dated 26.09.2022 and quash the same and consequently, direct the 2nd to 4th respondents to update the petitioner's name in online patta and chitta records as per the patta issued with respect to their lands and direct the 1st respondent to give stringent instructions to dispose the applications on merits at the first instance. For Petitioners : Mr.Krishnasamy Chinnasamy For Respondents : Mr.R.P.Murugan Raja Government Advocate

ORDER

This Writ Petition is filed seeking to issue a Writ of of Certiorarified Mandamus, calling for the entire records relating to the impugned order passed by the 5th respondent in his proceedings Na.Ka.No.3873/2022/E1, dated 26.09.2022 and quash the same and consequently, direct the respondents 2 to 4 to update the petitioner's name in online patta and chitta records as per the patta issued with respect to their lands and direct the 1st respondent to give stringent instructions to dispose the applications on merits at the first instance.

2. Heard and perused the materials available on record. 2/5

3. There is an appellate remedy available before the 4th respondent against the order passed by the 5th respondent and the power in respect of revision is vested with the 3rd respondent. But the petitioners without exhausting the appellate remedy have filed the present writ petition before this Court.

4. In view of the above, this Writ Petition is dismissed of at the admission stage itself. The petitioners are at liberty to work out their remedy in the manner known to law. Consequently connected Miscellaneous Petition in W.M.P. No.34455 of 2023 is closed.

5. Insofar as the WMP No.34453 of 2023 is concerned, the other petitioners are directed to pay separate Court Fee failing which, the writ petition shall stand dismissed against the other Writ Petitioner. There shall be no order as to costs.

15.12.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To 1.The Secretary to the Government Revenue Department Fort St. George, Chennai - 600 009

2. The District Collector Dharmapuri District

3. The District Revenue Officer Dharmapuri District

4. The Revenue Divisional Officer Dharmapuri District

5. The Tahsildar Nallampalli Taluk Dharmapuri District

6. The Village Administrative Officer A.Jettihalli Village Dharmapuri District 4/5

P.VELMURUGAN. J.

Ksa-2 15.12.2023 5/5