S. Kadhar Basha, v. The Commissioner Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2015
CORAM:
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.19915 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 S.Kadhar Basha ... Petitioner Vs.
1.The Commissioner of Land Revenue & Administration, Elizhagam, Chepakkam, Chennai.
2.The District Collector, Trichy District, Trichy.
3.The District Revenue Officer, Collectorate Office, Trichy.
4.The Revenue Divisional Officer, Musiri, Trichy District.
5.The Tahsildar, Thuraiyur Taluk Office, Thuraiyur, Trichy.
...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorarified Mandamus to call for the impugned order passed by the 5th respondent in Na.Ka.A1.2477-2001 dated 23.07.2015 and quash the same and consequently direct to the respondents to issue patta in petitioner's name for the property of an extent of 1 Acre 96 cents in Survey No.210/1 corresponding to Old Baimash No.2241, situated in Kasba Thuraiyur, Thuraiyur Taluk, Trichy District. For Petitioner :Mr.M.R.Sreenivasan For Respondents :Mr.S.Kumar Additional Government Pleader
ORDER
Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents.
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2.By consent, the writ petition is taken up for final disposal at the admission stage itself.
3. The petitioner is aggrieved against the order of the fifth respondent viz., the Tahsildar, in rejecting the request of the petitioner for grant of patta. Needless to say that it is an appealable order under the relevant statute and therefore as the petitioner is having the alternate remedy before the Appellate Authority, filing the present writ petition, challenging the said order cannot be entertained.
4. Accordingly this Writ Petition is dismissed without going into the merits of the matter, however with liberty to the petitioner to file an appeal before the Appellate Authority. If there is any delay in filing such appeal, the same shall be explained by the petitioner before the Appellate Authority, who will in turn consider the same and pass appropriate orders accordingly. No costs. Consequently, the connected Miscellaneous Petitions are also dismissed.
Sd/- Assistant Registrar(Per Admn) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Land Revenue & Administration, Elizhagam, Chepakkam, Chennai.
2.The District Collector, Trichy District, Trichy.
3.The District Revenue Officer, Collectorate Office, Trichy.
4.The Revenue Divisional Officer, Musiri, Trichy District.
5.The Tahsildar, Thuraiyur Taluk Office, Thuraiyur, Trichy.
+1cc to Mr.M.R.Sreenivasan,Advocate Sr.No.64287 +1cc to Spl.GOvernemnt Pleader Sr.No. 64520 ssl AA/KBM/18.11.2015/2p-8c W.P.(MD)No.19915 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 02.11.2015 https://hcservices.ecourts.gov.in/hcservices/