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Madras High CourtWP(MD)/11581/2018dismissed

Paul Thai v. The District Collector

2018-05-30Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.05.2018 CORAM :

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.(MD)No.11581 of 2018 and W.M.P.(MD)Nos.10547 and 10548 of 2018 Paul Thai

...Petitioner

Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Revenue Officer, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, Sattur, Virudhunagar District.

4.The Tahsildar, Vempakkottai, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for records pertaining to the impugned order dated 26.03.2018, passed by the third respondent in Ni.Mu.A3/249/2017, and quash the same and consequently, direct the third respondent to issue patta to the petitioner for her land of 15 cents situated at New S.No.122/4, Elayirampannai Village, Vempakkottai Taluk, Virudhunagar District. For Petitioner :

Mr.R.Murugappan For Respondents :

Mr.VR.Shanmuganathan Special Government Pleader

ORDER

Mr.VR.Shanmuganathan, learned Special Government Pleader takes notice for the respondents.

2. By consent, the writ petition itself is taken up for final hearing.

3. The petitioner has come up with the present writ petition seeking for issuance of a Writ of Certiorarified Mandamus, to call for records pertaining to the impugned order dated 26.03.2018, passed by the third respondent in Ni.Mu.A3/249/2017, and quash the https://hcservices.ecourts.gov.in/hcservices/

same and consequently, to direct the third respondent to issue patta to the petitioner for her land, measuring an extent of 15 cents, situated at New S.No.122/4, Elayirampannai Village, Vempakkottai Taluk, Virudhunagar District.

4. Though the petitioner has challenged the order dated 26.03.2018 passed by the Revenue Divisional Officer, Sattur, Virudhunagar District, there is a revisional remedy available to the petitioner before the District Revenue Officer. But, without availing the said remedy, the petitioner has challenged the order of the Revenue Divisional Officer in this Writ Petition, which is not maintainable.

5. Accordingly, this Writ Petition is dismissed with liberty to the petitioner to file a revision before the second respondent herein, within a period of 15 days from the date of receipt of a copy of this order. On receipt of the revision within the stipulated period of time, the second respondent is directed to pass appropriate orders after giving an opportunity of personal hearing to the petitioner, within a period of eight weeks thereafter. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar/ Vacation Officer /True copy/ Sub Assistant Registrar To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Revenue Officer, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, Sattur, Virudhunagar District.

4.The Tahsildar, Vempakkottai, Virudhunagar District.

+1cc to M/s.R.Murugappan, Advocate, SR.No.66331. W.P.(MD)No.11581 of 2018 30.05.2018 SMN2/PNN RAM/JC/SAR 2/08.06.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/