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Madras High CourtWP(MD)/1628/2020dismissed

K.Pappathi v. The Tahsildar

2020-01-28Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran2 pages

W.P(MD)No.1628 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN W.P(MD)No.1628 of 2020 and W.M.P(MD)Nos.1344 & 1345 of 2020 K.Pappathi ... Petitioner Vs.

The Tahsildar, Thiruvaiyaru Taluk, Thanjavur District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the original impugned order passed by the respondent vide proceedings in tF.9/2018/M1 dated 08.11.2018. For Petitioner : Mr.M.Vivek For Respondent : Mr.VR.Shanmuganathan, Special Government Pleader.

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition to issue a Writ of Certiorari, to call for the records pertaining to the original impugned order passed by the respondent dated 08.11.2018 and to quash the same.

2.On a perusal of the impugned order dated 08.11.2018, it could be seen that the petitioner is challenging the order of rejection of patta. Since the respondent has rejected the request for issuance of patta, the remedy open to the petitioner is to file an appeal under Section 12 of the Patta Pass Book Act, 1983. However, without exhausting the appeal remedy, the petitioner has filed the above Writ Petition under Article 226 of the Constitution of India, which cannot be entertained.

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W.P(MD)No.1628 of 2020 3.In such view of the matter, we are not inclined to entertain the Writ Petition. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) ps To The Tahsildar, Thiruvaiyaru Taluk, Thanjavur District.

+1 CC to SPL.GP ( SR-3663[F] dated 29/01/2020 ) W.P(MD)No.1628 of 2020 28.01.2020 MK (07.02.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2