Madras High CourtWP(MD)/8253/2017dismissed

A.Zeenath Nisha v. The District Revenue Officer

2017-04-27Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 27.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.8253 of 2017 A.Zeenath Nisha ..Petitioner Vs 1.The District Revenue Officer, Office of the District Revenue Officer, Thanjavur.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thnajavur.

3.The Zonal Deputy Tahsildar, Thanjavur Zonal, Thanjavur.

4.A.Jaibu Nisha ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the entire records pertaining to the impugned order in Tha.Pa.81/2016/Aa5, dated 4.2.2017 on the file of the second respondent and to quash the same and further to direct the first respondent to conduct an enquiry afresh with the original file of the Patta Transfer Order No.Tho.Mu.Pa.Maa Tha.Pa.1118/2011, dated 3.2.2011 on the file of the third respondent within the time stipulated by this Court. For Petitioner :M/sA.S.Alaudeen For Respondents :Mr.K.Mahesh Raja 1 to 3 Government Advocate

ORDER

The learned counsel for the Petitioner approached this Court seeking issuance of a Writ of Certiorarified Mandamus calling for the entire records pertaining to the impugned order in Tha.Pa.81/2016/Aa5, dated 4.2.2017 on the file of the second respondent and to quash the same and further to direct the first respondent to conduct an enquiry afresh with the original file of https://hcservices.ecourts.gov.in/hcservices/

the Patta Transfer Order No.Tho.Mu.Pa.Maa Tha.Pa.1118/2011, dated 3.2.2011 on the file of the third respondent within the time stipulated by this Court.

2.Mr.K.Mahesh Raja, learned Government Advocate takes notice for the respondents 1 to 3 3.It is to be noted that as against the order passed by the second respondent, remedy of statutory appeal is available to the Petitioner before the first respondent. However, without exhausting the remedy of statutory appeal available, the Petitioner has chosen to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.

4. Such Writ Petition without exhausting the effective alternative remedy, cannot be entertained. Therefore, this Writ Petition is not maintainable and accordingly, the same stands dismissed. It is open to the Petitioner to approach the first respondent, as against the impugned order dated 3.2.2017, if he is so advised. No costs.

Sd/- Assistant Registrar (AD-II) /True copy/ Sub Assistant Registrar To 1.The District Revenue Officer, Office of the District Revenue Officer, Thanjavur.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thanjavur.

3.The Zonal Deputy Tahsildar, Thanjavur Zonal, Thanjavur.

+1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 55202 +1 CC to M/s.S.A.S.ALAUDEEN, Advocate, SR No. 54380 VSN PSM/MR/09.05.2017/2P/6C W.P(MD)No.8253 of 2017 27.04.2017 https://hcservices.ecourts.gov.in/hcservices/