B.Jeyalakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.18665 of 2018 and W.M.P.(MD)No.16512 of 2018 1.B.Jeyalakshmi 2.P.Saravanan ... Petitioners vs.

1. The District Collector, Madurai Collector's Office, Madurai.

2. The Special Deputy Collector, Revenue Court, Madurai.

3. The Tahsildar, Melur Taluk, Melur, Madurai District.

4.V.Chinnakaruppan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Certiorari to call for the records in A.P.No.3 of 2017, dated 28.05.2018 on the file of the second respondent and quash the same as illegal, ultravires and against the principles of natural justice.

For Petitioners : Mr.S.Manohar For Respondents : Mr.C.M.Marichelliah Prabhu Additional Government Pleader for R.1 to R.3

O R D E R

The petitioner is before this Court challenging the order passed by the second respondent.

2. But in the order dated 28.05.2018 which is impugned in this writ petition itself, it is mentioned that in case the petitioner is aggrieved by the order, he can resort revision petition under the provisions of the relevant statute before the first respondent.

3. Without exhausting the revisional remedy as available, the petitioner has chosen to approach this Court directly by invoking its extraordinary jurisdiction under Article 226 of the https://hcservices.ecourts.gov.in/hcservices/

Constitution of India. When an effective alternative remedy is available by way of revision before the first respondent, the same has to be exhausted by the petitioner before he chooses to invoke the writ jurisdiction of this Court. Therefore, this Court is of the considered view that as of the date, the writ petition is not maintainable and it is open to the petitioner to approach the first respondent by resorting to revisional jurisdiction, if the petitioner is so advised. Accordingly, the Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The District Collector, Madurai Collector's Office, Madurai.

2. The Special Deputy Collector, Revenue Court, Madurai.

3. The Tahsildar, Melur Taluk, Melur, Madurai District.

Copy to:

The Section Officer, E.R.SEction, Madurai Bench of Madras High court, Madurai.

+1cc to Mr.S.Manohar, Advocate SR.No.81090 +1cc to SPECIAL GOVERNMNET PLEADER, SR.No.80771 Ssl MK/RSK/SAR 1/11.09.2018/2P/7C W.P.(MD) No.18665 of 2018 28.08.2018 https://hcservices.ecourts.gov.in/hcservices/