P.Sampath v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH P.Sampath S/o.Late Parthasarathy

...Petitioner

Vs.

1.The District Collector, Tiruvallur.

2.The Revenue Divisional Officer, Maduravoyil Taluk, Chennai District.

3.The Tahsildar, Maduravoyil Taluk, Chennai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the third respondent in his proceedings Se.Mu.No.A1/492/2024 dated 19.08.2024 and to quash the same and direct the third respondent to grant patta for the lands comprised in S.No.136/1 to an extent of 0.88.0 ares at Valasaravakkam Village, Maduravoyil Taluk, Chennai, in the name of petitioner's family members.

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For Petitioner : Mr.M.Prabakar For Respondents : Mr.A.Selvendran, Special Government Pleader *****

O R D E R

This writ petition has been filed challenging the proceedings of the third respondent dated 19.08.2024 wherein the claim made by the petitioner seeking for patta was rejected by the third respondent.

2. Heard Mr.M.Prabakar, learned counsel for petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing for respondents.

3. In the considered view of this Court, the petitioner cannot straightaway come before this Court by filing a writ petition since the petitioner has an efficacious and alternate remedy by way of an appeal before the Revenue Divisional Officer under Section 12 of the Patta Pass Book Act. Therefore, the petitioner has to necessarily file an appeal and work out his remedy. Except giving this clarity, no further orders can be passed in this writ petition. If at all 2/4

the petitioner wants to file an appeal before the second respondent, the same should be filed within a period of two (2) weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with in the above terms. No costs. 20.02.2025 Index : Yes/No Speaking Order / Non Speaking Order gm To 1.The District Collector, Tiruvallur.

2.The Revenue Divisional Officer, Maduravoyil Taluk, Chennai District.

3.The Tahsildar, Maduravoyil Taluk, Chennai District.

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N. ANAND VENKATESH, J gm 20.02.2025 4/4