Madras High CourtWP(MD)/5992/2019dismissed

T.Kumar, S/O.Tharmaraj, v. The Revenue Divisional Officer

2019-03-14Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5992 of 2019 and W.M.P.(MD)Nos.4784, 4785 & 4786 of 2019 T.Kumar ... Petitioner Vs 1.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

2.The Tahsildar, Taluk Office, Tiruchuli Taluk, Virudhunagar District.

3.The Firka Surveyor, Taluk Office, Tiruchuli Taluk, Virudhunagar District.

4.M.Murugan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Ceritiorified Mandamus, to call for the records pertaining to the impugned patta transfer order issued by the 2nd respondent vide Proceedings No:T.R.2019/26/07/000111SD, dated 20.09.2018 and quash the same as arbitrary, unlawful, illegal, improper and unconstitutional and consequently direct the 2nd respondent to conduct an enquiry in a proper manner and issue patta in favour of the petitioner based on intimation submitted by the Sub Registrar Office, Tiruchuli dated 03.12.2018 and on the Patta Transfer Application submitted on 07.02.2019. For Petitioner : Mr.R.Murugan For R1 to 3 : Mr.R.Sethuraman Special Government Pleader

ORDER

The order under challenge is an appealable one. Therefore, the writ petition is dismissed on the ground that the petitioner has not exhausted the alternative appeal remedy. It is made clear that this Court has not gone into the merits of the matter. If the petitioner files an appeal/revision before the first https://hcservices.ecourts.gov.in/hcservices/

respondent within a period of two weeks from the date of receipt of a copy of this order, the first respondent shall entertain the same without reference to limitation. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

2.The Tahsildar, Taluk Office, Tiruchuli Taluk, Virudhunagar District.

3.The Firka Surveyor, Taluk Office, Tiruchuli Taluk, Virudhunagar District.

+1 CC to M/s.R.MURUGAN, Advocate ( SR-53894[F] dated 14/03/2019 ) +1 CC to M/s.SPL GP ( SR-54325[F] dated 15/03/2019 ) IAS W.P.(MD)No.5992 of 2019 14.03.2019 KM/(27.03.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/