Madras High CourtWP(MD)/22927/2018dismissed

Premavathi, v. The District Collector,

2018-11-16Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2018

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD)No.22927 of 2018 and W.M.P.(MD)No.20829 of 2018 Premavathi ... Petitioner /Vs./ 1.The District Collector, Thoothukudi District.

2.The Revenue Divisional Officer, Kovilpatti Sub Division, Kovilpatti, Thoothukudi District.

3.The Tahsildar, Kayathar Taluk, Thoothukudi District.

... Respondents Prayer: Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the third respondent dated 10.08.2018 in Na.Ka.Aa2/1113/2018 and quash the same and consequently direct the respondents to include the petitioner's name in the joint patta instead of Ramasubbammal in S.No.136/1, 137/1, 137/2, 137/3, 304/3F2, 406/4 in K.Chidamparapuram Village, and S.No.127/3B, 172/2 in Ottanpatti Village, Thoothukudi District and consider the petitioner's representation dated 26.02.2018 within a stipulated time in accordance with law. For Petitioner : Mr.M.Prabu For Respondents : Mr.C.M.Marichelliah Prabhu Additional Government Pleader

ORDER

When the matter was taken up for hearing, the learned Additional Government Pleader submitted that an appeal has been filed by the petitioner and it is pending before the Revenue Divisional Officer, Kovilpatti.

2. The appeal was filed on 07.09.2018. Without even waiting for the said petition being taken up for hearing, the petitioner approached this Court by way of this petition. When there is an appeal pending before the concerned authority, namely, the Revenue Divisional Officer, Kovilpatti, this writ petition is not maintainable.

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3. With the above observations, this writ petition is dismissed. It is open to the petitioner to approach the concerned authority for speedy disposal of the appeal. No costs.

Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The District Collector, Thoothukudi District. 2.The Revenue Divisional Officer, Kovilpatti Sub Division, Kovilpatti, Thoothukudi District. 3.The Tahsildar, Kayathar Taluk, Thoothukudi District.

+1CC to Mr.M.Prabu, Advocate, SR.No.95934 +1CC to the Special Government Pleader SR.No. 95799 W.P.(MD)No.22927 of 2018 16.11.2018 sm ES/BK/SAR 1/10.12.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/