Madras High CourtWP(MD)/2825/2018dismissed

Arockiammal v. The District Collector

2018-02-13Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.2825 of 2018 and W.M.P(MD)Nos.2976 and 2977 of 2018 Arockiammal ...

Petitioner Vs.

1. The District Collector, Dindigul District, Dindigul.

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

3. The Tahsildar, Dindigul West Taluk, Dindigul.

4.Arockiamary 5.Joseph ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned patta transfer order in RTR No.3346/05 dated 10.9.2005 by the 3rd Respondent and quash the same and consequently direct the 3rd respondent to issue patta in the name of the Petitioner in respect of the property comprised in S.No.150/8 to an extent of 0.11.5 Hectares and S.No.5/3 to an extent of 1.43.50 Hectares at Ammapatti Village, Dindigul West Taluk, Dindigul District.

For Petitioner : Mr.M.Siddharthan For Respondents : Mrs.J.Padmavathi Devi, 1 to 3 Special Government Pleader.

ORDER

This writ petition has been filed challenging the proceedings of the third respondent dated 10.09.2005 whereby the third respondent has granted patta in favour of the respondents 4 and 5.

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2.Admittedly, there is an appeal remedy available against the transfer of patta in favour of any third party before the Revenue Divisional Officer and thereafter, revisional remedy is also available before the District Revenue Officer. The petitioner has approached this Court without exhausting the remedies available under the statutes and therefore, the writ petition is not maintainable. Therefore, the writ petition is dismissed. However, liberty is granted to the petitioner to file an appeal before the Revenue Divisional Officer, if she is so aggrieved. No costs. Consequently, W.M.P(MD)Nos.2976 and 2977 of 2018 are closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Dindigul District, Dindigul.

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

3. The Tahsildar, Dindigul West Taluk, Dindigul.

+ 1 cc TO M/s.P.Kalaiyarasi Bharathi , Advocate in SR No.48061 + 1 cc TO The Special Governemnt Pleader in SR No. 48624 sms AE/SKN RSK/SAR1/01.03.2018/2P/6C Writ Petition (MD) No.2825 of 2018 13.02.2018 https://hcservices.ecourts.gov.in/hcservices/