S.Saroja v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.3159 of 2017 and WMP(MD)Nos.2518 and 2519 of 2017 S.Saroja ... Petitioner Vs.

1.The District Collector, Dindigul District.

2.The Assistant Director of Horticulture, Dindigul District.

3.The Revenue Divisional Officer, Nilakottai Taluk, Dindigul District.

4.The Tahsildar, Nilakottai Taluk, Dindigul District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records pertains to the impugned show cause notice, dated 21.11.2016 in Na.Ka.No.17864/2005/Aa2 and its consequential final order dated 16.02.2017 passed by the fourth respondent and quash the same as illegal and for consequential orders. For Petitioner :

Mr.C.Senthil Murugan For Respondents :

Mr.C.Selvaraj Special Government Pleader

O R D E R

This writ petition is filed challenging the order passed by the Tahsildar in cancelling 2C patta issued in favour of the petitioner for the reasons stated in the impugned order. 2.It is not in dispute that the impugned order was passed after issuing notice to the petitioner. Therefore, there is no violation of principles of natural justice. When that being the position, as against the order passed by the fourth respondent/Tahsildar, the petitioner has to only file an appeal before the appellate authority. Without doing so, the petitioner has chosen to file the present writ petition, which is not maintainable.

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3.Accordingly, the writ petition is dismissed, however, with liberty to the petitioner to file an appeal before the appellate authority, within a period of three weeks from the date of receipt of a copy of this order. If any such appeal is filed, it is for the appellate authority to consider and decide the same on merits and in accordance with law. This Court is not expressing any view on the merits of the matter. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Dindigul District.

2.The Assistant Director of Horticulture, Dindigul District.

3.The Revenue Divisional Officer, Nilakottai Taluk, Dindigul District.

4.The Tahsildar, Nilakottai Taluk, Dindigul District.

+1cc to M/S Special Government Pleader, Sr No. 10490 +1 cc to Mr. C.SENTHIL MURUGAN, Advocate, Sr.No: 10156 rj2 MAS/RSK/SAR3:06.03.2017: 2P/7C W.P.(MD)No.3159 of 2017 23.02.2017 https://hcservices.ecourts.gov.in/hcservices/