John @ Abdul Kadar, v. The Sub Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2018 C O R A M THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.21143 of 2017 and W.M.P.(MD)No.17408 of 2017 John @ Abdul Kadar ... Petitioner Vs.

1. The Sub-Collector, Kumbakonam, Thanjavur District.

2. The Tashildar, Papanasam Taluk, Thanjavur District.

3. S.Innunjariya @ Rajathi

...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 4th respondent in his proceedings Na.Ka.5056/2017 A-3 dated 19.10.2017 and quash the same and consequently directing the 1st and 2nd respondent not to remove the petitioner name in the joint patta No.239, land Survey No.83/3A in 22 cents Ariyapuram village, Papanasam Taluk, Thanjavur District.

For Petitioner : Mr.K.Mahendran For R1 & R2 : Mr.Aayiram K.Selvakumar Additional Government Pleader For R3 : Mr.I.Sabeer Mohamed

O R D E R

Challenging the order passed by the Sub Collector, Kumbakonam, removing the name of the petitioner from the joint patta No.239, the present Writ Petition has been filed by the petitioner. 2.Admittedly, against the order passed by the Sub Collector, the petitioner has an alternative remedy by way of an appeal is available before the District Revenue Officer. But, the petitioner, without availing the alternative remedy before the District Revenue Officer, has filed this Writ Petition. https://hcservices.ecourts.gov.in/hcservices/

3. Hence, I am of the considered view that this petition is liable to be disposed of on that ground alone. However, it is always open to the petitioner to file an appeal against the order passed by the Sub Collector before the competent authority, if he is so advised.

4.With the above observation, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, W.M.P. (MD)No.17408 of 2017 is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Sub-Collector, Kumbakonam, Thanjavur District.

2. The Tashildar, Papanasam Taluk, Thanjavur District.

+1cc to Mr.I.Sabeer Mohamed, Advocate Sr.No.40948 +1cc to Spl.Government Pleader Sr.No.41025 TA VB/KKR/SAR2/24/01/2018/2P/5C W.P.(MD)No.21143 of 2017 08.01.2018 https://hcservices.ecourts.gov.in/hcservices/