Madras High CourtWP(MD)/10981/2020disposed of

Govindasamy v. The District Collector

2020-09-21Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD)No.10981 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.10981 of 2020 Govindasamy

...Petitioner

Vs 1.The District Collector, Trichy, Trichy District.

2.The Tahsildar, Tahsildar Office, Musiri, Trichy District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 2nd respondent to dispose the petitioner representation dated 17.9.2018. For Petitioner : Mr.K.Gokul For Respondents : Mr.M.Pandiarajan Additional Government Pleader

ORDER

This Writ Petition is filed to direct the 2nd respondent to dispose of the petitioner's representation dated 17.09.2018. 2.The grievance of the petitioner is that though he made a representation dated 17.09.2018 seeking to issue patta in his favour for the property in S.Nos.440/8A, 440/8B, 440C, 440D, 441/5, 537/5A and 614/3A situated at Valasiramani Panchayat, Tha.Pettai Union, Musiri Taluk, Trichy District, by cancelling the patta issued in favour of the legal heirs of the brother of the petitioner's father for the aforesaid property, so far no action has been taken. Hence, the present writ petition.

3.The learned Additional Government Pleader appearing for the respondents would submit that if the petitioner is being aggrieved by the patta issued in favour of the legal heirs of the brother of the petitioner's father for the said property, he can challenge the aforesaid patta proceedings by way of filing an appeal under the Tamilnadu Patta Passbook Act, 1983, before the appellate authority. However, without availing the aforesaid remedy, the petitioner has filed the present writ petition before this Court. 4.In reply, the learned counsel appearing for the petitioner requested this Court that liberty may be given to the petitioner to https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.10981 of 2020 challenge the aforesaid patta proceedings by way of filing an appeal under the Tamilnadu Patta Passbook Act, 1983, before the authorities concerned.

5.In view of the submissions made on either side, the Writ Petition stands disposed of with such liberty. No costs. Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Trichy, Trichy District.

2.The Tahsildar, Tahsildar Office, Musiri, Trichy District.

+1 CC to M/s.GP ( SR-17744[F] dated 22/09/2020 ) W.P.(MD) No.10981 of 2020 21.09.2020 SRK (CO) AP(30/09/2020) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2