Madras High CourtWP(MD)/10671/2017disposed of

S.Ananthakumar, v. The District Collector

2017-06-09Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)Nos.10671, 10672, 10673 of 2017 and W.M.P.(MD)Nos.8137,8138,8139 of 2017 S.Ananthakumar .. Petitioner in W.P(MD).No.10671/2017 C.Jeyaprabhu .. Petitioner in W.P(MD).No.10672/2017 Moses Xavier .. Petitioner in W.P(MD).No.10673/2017 -Vs1. The District Collector,

2. The District Revenue Officer,

3. The District Sub-Collector, Tuticorin Revenue Sub-Division,

4. The Tahsildar,

5. Balakrishnan .. Respondents in all petitions COMMON PRAYER: These Writ Petitions are filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records pertaining to the impugned order No. g.K.(m1)/2950/2014> ehs; 24.03.2017 passed by the 3rd respondent and quash the same.

For Petitioner : Mr.S.Muthalraj in all petitions For Respondents1 and 2 : Mr.A.Muthukaruppan Additional Government Pleader in all petitions

C O M M O N O R D E R These Writ Petitions are filed challenging the order of the third respondent in his proceedings No. g.K.(m1)/2950/2014> ehs; 24.03.2017.

2. Mr.S.Muthalraj, learned counsel for the petitioners submits that against the order of the third respondent, the petitioners can prefer appeals, however, since the petitioners felt, it was not an effective remedy, these Writ Petitions came to be filed.

3. Mr.A.Muthukaruppan, learned Additional Government Pleader would submit that when the alternative effective remedy is available to the petitioners, the present Writ Petitions cannot be entertained.

4. Considering the above submissions, this Court is of the opinion that the petitioners have to avail the alternative remedy. Hence, these Writ Petitions are disposed of with liberty to the petitioners to file appeals before the second respondent against the order of the third respondent. If appeals are filed within a period of two weeks, the second respondent shall consider the same and pass orders on merits and in accordance with law, as expeditiously as possible, preferably within a period of six months.

5. Accordingly, these Writ Petitions are disposed of. No Costs. Consequently, connected miscellaneous Petitions are closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To

1. The District Collector,

2. The District Revenue Officer,

3. The District Sub-Collector, Tuticorin Revenue Sub-Division,

4. The Tahsildar, +3cc to Mr.S.Muthalraj, Advocate Sr.No.59496 +1cc to Spl.Government Pleader Sr.No.59747 PSD/PJL VB/GT/SAR4/04.07.2017/3P/9C W.P.(MD)Nos.10671, 10672, 10673 of 2017 09.06.2017