Madras High CourtWP(MD)/16686/2017dismissed

K.Subramanian, v. The Special Tahsildar,

2018-03-16Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.16686 of 2017 and W.M.P.(MD)Nos.13289, 16840 and 20241 of 2017 K.Subramanian ... Petitioner -Vs1. The Special Tahsildar, Revenue Office, City Land Tax Scheme, Devakottai, Sivagangai District.

2.S.Udachi ... Respondents PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the record of the first respondent in Na.Ka.m1/53/2017 dated 08.08.2017 and quash the same and consequently direct the first respondent to restore petitioner's patta granted in A/18-5/9 0.021.0 sq.mtr., within the period stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For R1 : Mrs.J.Padmavathi Devi, Special Government Pleader.

For R2 : Mr.D.Srinivasa Ragavan, For M/s.G.Thalaimutharasu

ORDER

This writ petition has been filed challenging the order passed by the first respondent / Special Tahsildar granting patta in favour of the second respondent.

2.Earlier, this Court ordered notice, and also granted on order of interim stay. Now, the respondents filed petitions for vacating the interim stay. By consent of both parties, the main writ petition is taken up for final hearing, today. https://hcservices.ecourts.gov.in/hcservices/ 3.Admittedly, against the order passed by the first respondent / Special Tahsildar, an appeal is provided before the

Revenue Divisional Officer, thereafter, a revision is also provided before the District Revenue Officer. Without availing such remedies, the petitioner cannot file this writ petition, challenging the order passed by the Special Tahsildar. Hence, this writ petition is not maintainable.

4.Accordingly, this writ petition is dismissed. However, it is always open to the petitioner to file an appeal before the Revenue Divisional Officer, if he so advised. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.The Special Tahsildar, Revenue Office, City Land Tax Scheme, Devakottai, Sivagangai District.

2.The Section Officer, ER Section, Madurai Bench of Madras High Court, Madurai.

+ 1 cc TO Mr.A.Haja Mohideen , Advocate in SR No. 55887 + 1 cc TO Mr.G.Thalaimuharasu , Advocate in SR No. 56339 Myr AE/SV MMS/SAR4/02.04.2018/2P/5C W.P(MD)No.16686 of 2017 16.03.2018 https://hcservices.ecourts.gov.in/hcservices/