N.Murugesan, S/O.P.Nallu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2017

CORAM

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN W.P(MD)No.6143 of 2017 N.Murugesan .. Petitioner Vs.

1.The District Collector, Trichy District.

2.The Tahsildar, Manapparai Taluk, Trichy District.

3.The Inspector General of Registration, Registration Office, Chennai - 28.

4.The District Registrar, Trichy.

5.A.Pitchaimuthu .. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus to call for the entire records pertaining to the impugned patta No.91 with respect to S.No.140/2 issued by the 2nd respondent in favour of the 5th respondent and quash the same as illegal and consequently direct the respondents 1 to 4 to restore the tank in its original position comprised in S.No.140/2 admeasuring an extent of 12 acres situate at V.Periapatti, Manapparai Taluk, Trichy District as before encroachment. For Petitioner : Mr.K.Sureshkumar For RR - 1 to 4 : Mr.M.Govindan Special Government Pleader For R - 5 : Mr.R.Boomirajan https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by K.K.SASIDHARAN, J.) The petitioner filed this Writ Petition challenging the patta issued to the fifth respondent by the second respondent on the ground that the tank poramboke was the subject matter of the assignment.

2.The learned Special Government Pleader appearing for the respondents 1 to 4, on instructions, submitted that the property in Survey No.140/2 is a private land.

3.The learned counsel appearing for the petitioner would contend that the fifth respondent fabricated records to make it appear as if it is a private land and obtained patta from the second respondent.

4.There is a statutory remedy available to the petitioner under Section 12 of the Tamil Nadu Patta Pass Book Act, 1983. "The statute permits any person aggrieved by an order of the Tahsildar under the Act granting patta to file an appeal before the appellate authority." Since statutory remedy is available to the petitioner, we do not find any reason to entertain this Writ Petition. It is open to the petitioner to file an appeal before the appropriate forum under the Tamil Nadu Patta Pass Book Act, 1983.

5.The Writ Petition is dismissed with the above observation. No costs.

Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Trichy District.

2.The Tahsildar, Manapparai Taluk, Trichy District. 3.The Inspector General of Registration, Registration Office, Chennai - 28.

4.The District Registrar, Trichy.

+One cc to Mr.K.Suresh Kumar, Advocate, SR.No.68096 +One cc to Mr.R.Boomirajan, Advocate, SR.No.68157 +One cc to The Special Government Pleader, SR.No.68720 mj RL/8C/2P/JC/SAR1/3/8/2017 WP(MD)No.6143 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 26.07.2017