Madras High CourtWP(MD)/8407/2017dismissed

M.Narayanan, S/O.Maruthappan v. The District Revenue Officer,

2017-04-28Honourable Mr Justice V. Parthiban4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 28.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.8407 of 2017 and W.M.P(MD)No.6407 of 2017 M.Narayanan ..Petitioner Vs 1.The District Revenue Officer, Sivagangai.

2.The Revenue Divisional Officer, Devakkottai, Sivagangai District.

3.The Tahsildar, Thiruppatur Taluk, Sivagangai District.

4.M.Raman 5.R.Ponnammal ..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 records relating to the impugned order vide Mu.Mu.P1/13902/2015, dated 26.8.2015 passed by the first respondent and to quash the same and subsequently to direct the first respondent to cancel the patta No.2281 and 2888, Ilayathangudi South by making necessary enquiry with regard to the mutation.

For Petitioner : M/s.N.Mohan For Respondents : Mr.A.Muthukaruppan 1 to 3 Addl.Govt.Pleader

ORDER

The petitioner has approached this Court seeking for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order vide Mu.Mu.P1/13902/2015, dated 26.8.2015 passed by the first respondent and to quash the same and

subsequently to direct the first respondent to cancel the patta No.2281 and 2888, Ilayathangudi South by making necessary enquiry with regard to the mutation.

2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the respondents 1 to 3.

3.As per the impugned proceedings, the first respondent informed the Petitioner that a suit is pending on the file of the competent Civil Court and it was open to the Petitioner having his grievances redressed in the civil proceedings. This Court does not find any infirmity in the order passed by the first respondent. The present Writ Petition is filed without exhausting the effective alternative remedy, which in the considered opinion of this Court, is not maintainable.

4.Accordingly, the Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is dismissed. No costs. Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The District Revenue Officer, Sivagangai.

2.The Revenue Divisional Officer, Devakkottai, Sivagangai District.

3.The Tahsildar, Thiruppatur Taluk, Sivagangai District.

+1 cc to Special Government Pleader, SR.No.55465 vsn AE/MR/SAR3/17.05.2017/2P/5C W.P(MD)No.8407 of 2017 and W.M.P(MD)No.6407 of 2017 28.04.2017