Madras High CourtWP(MD)/2415/2024disposed of

Rajan.K v. The Tahsildar Cum 2nd Class Executive Magistrate

2024-02-06Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition(MD)No.2415 of 2024 K.Rajan ... Petitioner -Vs1.The Thasildar cum 2nd Class Executive Magistrate, Theni, Theni District.

2.The Revenue Divisional Officer, Periyakulam, Theni District.

3.The District Revenue Officer, Theni, Theni District.

4.Guruvammal ... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus to call for records of the 2nd respondent in pertaining to the impugned order passed in Na.Ka.No.3070/2017/A3 dated 22.12.2023 and quash the same and consequently, direct the 2nd respondent to re-transfer the property in Patta No.2447 in the petitioner's name.

For Petitioner : Mr.R.Aravindan For Respondents : Mr.A.Kannan Addl. Govt. Pleader (for R1 to R3) 1/4

ORDER

This writ petition is filed seeking for issuance of a Writ of Certiorarified Mandamus to call for records of the second respondent in pertaining to the impugned order passed in Na.Ka.No.3070/2017/A3 dated 22.12.2023 and quash the same and consequently, direct the second respondent to re-transfer the property in Patta No.2447 in the petitioner's name.

2. It is seen that in the impugned order, the second respondent/Revenue Divisional Officer has clearly mentioned that if any objection, the aggrieved party may prefer revision before the District Revenue Officer, who is the third respondent herein, within 90 days. However, the petitioner, without availing the said appeal remedy, has filed the present writ petition. Hence, this Court is not inclined to entertain this writ petition. Accordingly, this writ petition is dismissed with a liberty to the petitioner approach the above mentioned appropriate forum. No costs. 06.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes skn Note: Registry is directed to return the original impugned order after receiving Xerox copy of the same.

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To 1.The Thasildar cum 2nd Class Executive Magistrate, Theni, Theni District.

2.The Revenue Divisional Officer, Periyakulam, Theni District.

3.The District Revenue Officer, Theni, Theni District.

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V.BHAVANI SUBBAROYAN, J.

skn 06.02.2024 4/4