M. Arunachalam v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2013 M.Arunachalam ... Petitioner Vs.

1.The District Revenue Officer, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

3.The Tahsildar, Nanguneri Taluk, Nanguneri, Tirunelveli District.

4.Madathi 5.Petchiammal 6.Lakshmi 7.Lathadevi 8.Essakiammal ... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to change the patta nos.2327,2321,2323,2325,2326 standing in the name of 4th to 8th respondents in S.No.199/3F in to the petitioner's name Arunachalam, for S.No.199/3F for an extent of 1.21.50 hects in Thottakudi village in NanguneriTaluk in Tirunelveli district. For Petitioner : Mr.F.X.Eugene For R1 - R3 : Mr.D.Sasikumar Additional Government Pleader For R4 - R8 : No Appearance

ORDER

The present writ petition has been filed for a writ of Mandamus, directing the respondents 1 to 3 to change the patta in the name of the writ petitioner, which is now standing in the name of the private respondents.

2. A perusal of the affidavit and the typedset of papers clearly indicate that originally patta was standing in the name of the writ petitioner in Patta No.2116. According to the writ petitioner, without notice, the patta has been transferred in the name of the private 2/5

respondents and a fresh patta has been issued to them in Patta No.2327. Now, the petitioner seeks a Mandamus for restoring the patta in his name. The order passed by the third respondent is appealable to the second respondent under Section 12 of the Patta Passbook Act.

3. In view of the availability of the effective statutory alternative remedy, this Writ Petition is closed with liberty to the writ petitioner to approach the second respondent by way of filing a statutory appeal. In case, if any appeal is presented within a period of four (4) weeks from the date of receipt of a copy of this order, the second respondent shall entertain the said appeal without any reference to the issue of limitation.

4. With the above said observations, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

02.09.2022 Index :

Yes / No Internet :

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To 1.The District Revenue Officer, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

3.The Tahsildar, Nanguneri Taluk, Nanguneri, Tirunelveli District.

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R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

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