Madras High CourtWP(MD)/6688/2017dismissed

Madasamy, S/O. Veluchamy v. The Sub-Collector

2017-04-13Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 13.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.6688 of 2017 and W.M.P(MD)No.5256 of 2017 Madasamy ..Petitioner Vs 1.The Sub-Collector, Palani, Dindigul District.

2.The Tahsildar, Palani Taluk, Palani, Dindigul District.

3.Vv.Marimuthu 4.Nagarajan ..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records pertaining to the impugned order made in Na.Ka.No.2373/2016/A1, dated 17.3.2017 passed by the first respondent and to quash the same as without jurisdiction. For Petitioner : Mr.R.Ramu For Respondents : Mr.A.Muthukaruppan 1 and 2 Addl.Govt. Pleader

ORDER

The Petitioner has approached this Court seeking issuance of a Writ of Certiorari calling for the records pertaining to the impugned order made in Na.Ka.No.2373/2016/A1, dated 17.3.2017 passed by the first respondent and to quash the same as without jurisdiction.

2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the respondents 1 and 2 https://hcservices.ecourts.gov.in/hcservices/ 3.By consent of both parties, the main Writ Petition is taken

up for disposal, at the admission stage itself. 4.The Writ Petitioner has challenged the impugned proceedings passed by the first respondent, dated 17.3.2017. In the order itself, it is clearly mentioned that any objection against the order/revision may be filed before the District Revenue Officer within thirty days. However, the Writ petitioner without exhausting the remedy available under the relevant statute has approached this Court invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. When an effective alternative remedy is available under the statute, the same may be exhausted before approaching this Court and as such, this Writ Petition cannot be entertained and hence, the same is dismissed as not maintainable. Liberty is however given to the Petitioner to approach the District Revenue Officer concerned, as he may be advised. Consequently, connected Miscellaneous Petition is dismissed. No costs.

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

2.The Tahsildar, Palani Taluk, Palani, Dindigul District.

+1 cc to Mr.S.Ramu , Advocate in SR.No. 51824 +1 cc to special Government Pleader in Sr.No:52093 vsn AE/KP/SAR2/25.04.2017/2P/5C W.P(MD)No.6688 of 2017 and W.M.P(MD)No.5256 of 2017 13.04.2017 https://hcservices.ecourts.gov.in/hcservices/