M/S.Shar Theme Park(P) Ltd, v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2016 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.20751 of 2016 M/s.Shar Theme Park (P) Ltd., No.58, Park View Street, Anna Nagar, Thennur, Tiruchirappalli 17, represented by Managing Director, N.V.S.Anandan ... Petitioner Vs.

1.The Tahsildar, Srirangam Taluk, Tiruchirappalli.

2.K.Rajendran 3.S.Devi 4.R.Prabu 5.P.G.Thomas @ Chennai Achan 6.K.Sivakumar ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 1st respondent herein to consider and pass orders on the petitioner's representation dated. 04.07.2016.

For Petitioner : Mr.G.Jermiah For 1st Respondent : Mr.J.Gunaseelan Muthiah, Government Advocate.

ORDER

This writ petition has been filed seeking for a direction to the first respondent to consider the representation of the petitioner dated 04.07.2016.

2.Heard Mr.G.Jermiah, learned counsel appearing for the petitioner. Mr.J.Gunaseelan Muthiah, learned Government Advocate takes notice on behalf of the first respondent. Since this Court is not going to pass any adverse order against the respondents 2 to 6, notice to the respondents 2 to 6 is dispensed with. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

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3.According to the petitioner, the Tahsildar, Srirangam Taluk, the first respondent herein passed an order transferring patta in favour of the respondents 3 to 6 on 08.10.2016. Subsequently, he has sent a representation to the respondents for cancellation of the said transfer of patta made by the first respondent. Since no order has been passed, the present writ petition has been filed.

4.Admittedly, there is an appeal remedy available to the petitioner against the order passed by the Tahsildar before the Revenue Divisional Officer and thereafter, a revision is also available before the District Revenue Officer. Therefore, the petitioner cannot maintain this writ petition without exhausting the above said remedies available to him.

5.Accordingly, this writ petition is dismissed. However, liberty is granted to the petitioner to file an appeal before the Revenue Divisional Officer. On receipt of such appeal, the Revenue Divisional Officer is directed to consider the said appeal and pass orders on merits and in accordance with law. No costs. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar sms To The Tahsildar, Srirangam Taluk, Tiruchirappalli.

+1cc to Mr.J.John Advocate Sr.No.63769 +1cc to Spl.Government Pleader Sr.No. 64238 JAM/22.11.16/CK/2p-4c Writ Petition (MD) No.20751 of 2016 26.10.2016 https://hcservices.ecourts.gov.in/hcservices/