Madras High CourtWA(MD)/1338/2016dismissed

R.Venkataraman, v. The District Collector

2016-10-04Honourable The Chief Justice,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE S.NAGAMUTHU W.A. (MD) No.1338 of 2016 against WP(MD)No.12865 of 2016 R.Venkataraman ..Appellant/Petitioner Vs.

1. The District Collector Madurai District Madurai.

2. The Revenue Divisional Officer Madurai.

3. The Tahsildar Tirupparankundram Taluk Thirunagar Madurai - 625 006.

4. Padmalatha Ganesan ..Respondents/Respondents PRAYER: Appeal against the order of the learned Single Judge dated 21.7.2016 made in W.P. (MD) No.12865 of 2016. Prayer in WP(MD). 12865/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records in Na.Ka.2715/2015/B dated 27.06.2016 on the file of 3rd respondent Tahsildar, Tirupparankundram taluk and quash the same as illegal, Ultra vires, unconstitutional and without jurisdiction and in consequence, restrain the 3rd respondent from effecting any mutation of revenue records with regard to old Patta No. 1317 issued to old Survey No. 188/1A, 297/1, 335/4 and 337/2 at Madakkulam Village, Tirupparankundram Taluk, Madurai District. For Appellant : Mr.S.Ramesh For Respondents : Mr.A.K.Baskara Pandian Special Government Pleader

JUDGMENT

(Delivered by the Hon'ble Chief Justice) On an application filed claiming rights over the property, the objection raised by the appellant was that the claimant had no https://hcservices.ecourts.gov.in/hcservices/

(2) right of the property. This matter is under consideration of the Tahshildar/ third respondent. The appellant also participated in the enquiry.

2. For reasons best known to the appellant, he has preferred a writ petition stating that appearing before the third respondent may result in adverse order. The writ petition has been dismissed, in our opinion rightly so, on the ground that the appellant can raise the objections before the competent authority which is bound to pass an order keeping in mind the provisions of Section 3(7) of the Tamil Nadu Patta Pass Book Act, 1983. Thus, there is no ground to interfere with the impugned order. This writ appeal is dismissed. No costs. Consequently, connected C.M.P. (MD) No.9557 of 2016 is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To:

1. The District Collector, Madurai District, Madurai.

2. The Revenue Divisional Officer, Madurai.

3. The Tahsildar, Tirupparankundram Taluk, Thirunagar, Madurai - 625 006.

+1cc to M/s.V.Ragavachary, Advocate in SR.59627 +1cc to the Special Government Pleader, in SR.59399 W.A. (MD) No.1338 of 2016 04.10.2016 sasi PBK/GSV-PM 26/10/2016 ::2P-6C:

https://hcservices.ecourts.gov.in/hcservices/