S. Suyamprakasham, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2015

CORAM:

THE HONOURABLE Mr.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.22835 of 2015 and M.P.(MD)No.1 of 2015 S.Suyamprakasham ...

Petitioner Vs.

1.The District Collector, Thanjavur, Thanjavur District.

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

3.The Village Administrative Officer, Sanoorpatti Village, Thanjavur, Thanjavur District.

4.Murugavalli ...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the impugned order passed by the 2nd respondent proceedings in Tha.Pa.No.23/2015, dated 16.102015 and quash the same as illegal. For Petitioner : Mr.G.Sankaran For Respondents : Mr.M.Murugan, G.A. for R1 to 3

O R D E R

The petitioner is aggrieved against the order of the 2nd respondent arising out of the patta proceedings. 2.Admittedly as against the said order, further revision before the District Revenue Officer, Thanjavur is available under the statutes. Therefore, without exhausting such remedy, the petitioner cannot seek indulgence of this Court to consider the correctness or otherwise of the order passed by the 2nd respondent through this Writ petition.

3.Accordingly, the petitioner has to only approach the said revisional authority and agitate the revision before such authority by raising all the grounds raised in this Writ petition. 4.In view of the availability of such alternative remedy, I am not inclined to entertain this Writ petition. However, the learned counsel appearing for the petitioner submitted that in the https://hcservices.ecourts.gov.in/hcservices/

impugned order, the 2nd respondent has further directed the revenue officials to take action against the petitioner for removal of superstructure put up in the disputed property. Therefore, he contended that till he files a revision before the District Revenue Officer, the petitioner's interest may be protected. 5.Considering the above stated facts and circumstances, this Writ petition is dismissed only on the ground of availability of alternative remedy. The petitioner is given liberty to file such a revision before the District Revenue Officer, Thanjavur, within a period of 2 weeks from the date of receipt of a copy of this order.

6.Till the filing of such revision before the District Revenue Officer, the respondents are directed to maintain status quo as on today. No costs. Consequently, connected M.P.is closed. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai.

To 1.The District Collector, Thanjavur, Thanjavur District.

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

3.The Village Administrative Officer, Sanoorpatti Village, Thanjavur, Thanjavur District.

+1cc to Mr.A.Arun Prasad,Advocate Sr No.76130 +1cc to Special Government Pleader Sr No.72663 W.P.(MD)No.22835 of 2015 18.12.2015 rg.PM-MP/SAR-II 06.01.2016 2P/6C https://hcservices.ecourts.gov.in/hcservices/