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Madras High CourtWP(MD)/8411/2017dismissed

K.Kodeeswaran, v. The District Collector,

2017-04-28Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 28.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.8411 of 2017 and W.M.P(MD)No.6411 of 2017 K.Kodeeswaran ..Petitioner Vs 1.The District Collector, Pudukkottai District.

2.The Revenue Divisional Officer, Aranthangi, Pudukkottai District.

3.The Tahsildar, Aranthangi Taluk, Pudukkottai District.

4.V.Lakshmanan, President, Taluk Agriculturists Society, Ekanivayal Post, Aranthangi Taluk, Pudukkottai District.

5.V.Murthy.

..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 relating to the order of the second respondent made in Pa.Mu.No.3274/2015/A6, dated Nil.02.2017 cancelling the joint patta No.241 relating with the land in S.No.58/3D1 in Kambar Kovil Village in Manamelkudi Taluk in Pudukkottai District and to quash the same as it is arbitrary and illegal.

For Petitioner :M/s.R.Suriya Narayanan For Respondents :Mr.D.Muruganandam 1 to 3 Addl.Govt.Pleader

ORDER

The petitioner has approached this Court seeking for issuance of a Writ of Certiorari, calling for the records relating to the order of the second respondent made in Pa.Mu.No.3274/2015/A6, dated Nil.02.2017 cancelling the joint patta No.241 relating with the land in S.No.58/3D1 in Kambar Kovil Village in Manamelkudi Taluk in Pudukkottai District and to quash the same as it is arbitrary and illegal.

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

3.The Petitioner has challenged the order passed by the second respondent. As against the order passed by the second respondent, an appeal remedy is available before the first respondent. The Petitioner, without exhausting the effective alternative remedy, has approached this Court by filing this Writ Petition, invoking the extra ordinary jurisdiction under Article 226 of the Constitution of India. Hence, this Writ Petition filed, without exhausting the effective alternative remedy, is not maintainable before this Court.

4.Accordingly, the Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is dismissed. No costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Pudukkottai District.

2.The Revenue Divisional Officer, Aranthangi, Pudukkottai District.

3.The Tahsildar, Aranthangi Taluk, Pudukkottai District.

W.P(MD)No.8411 of 2017 and W.M.P(MD)No.6411 of 2017 VSN KK/RSK/SAR3-31.05.2017-2P-4C https://hcservices.ecourts.gov.in/hcservices/