Madras High CourtWP(MD)/22033/2016disposed of

Shrine Of Our Lady Of Ransom, v. The District Collector

2016-11-21Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.22033 of 2016 and W.M.P(MD)Nos.15737 & 15738 of 2016 Shrine of Our Lady of Ransom, Kanyakumari, Rep. By its Secretary, Agasteeswaram Taluk, Kanyakumari District-629 702.

... Petitioner Vs.

1.The District Collector, Kanyakumari District at Nagercoil.

2.The District Revenue Officer, Nagercoil, Kanyakumari District.

3.The Revenue Divisional Officer, Agasteeswaram, Kanyakumari District.

4.The Tahsildar, Agasteeswaram Taluk at Nagercoil, Kanyakumari District. 5.The Zonal Deputy Tahsildar, Agasteeswaram Taluk at Nagercoil, 6.Sornam 7.M.Magesh 8.The Village Administrative Officer, Kanyakumari Village, Kanyakumari.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari to call for the records pertaining to the impugned order passed by the 4th respondent in Se.Mu.No.A4/6222/2016, dated 10.11.2016 and quash the same.

For Petitioner : Mr.R.Subramanian For R1 to R5 & R8 : Mr.K.Mahesh Raja, Govt. Advocate For R6 & R7 : Mr.Vivekanandan

ORDER

Heard the learned counsel for the petitioner, the learned Government Advocate for the respondent Nos.1 to 5 and 8 and the learned counsel for the respondent Nos.6 and 7.

2. By consent, the Writ Petition itself is taken up for final disposal.

3. Challenging the order passed by the Tahsildar, Agasteeswaram Taluk, Nagercoil, Kanyakumari District, issuing joint patta in favour of the petitioner as well as the respondent Nos.6 and 7, the present Writ Petition has been filed by the petitioner.

4. Against the order passed by the Tahsildar, there is an appeal provided under Section 12 of the Tamil Nadu Patta Passbook Act, before the Revenue Divisional Officer and thereafter, revision is also provided under Section 13 of the Act. However, without availing the alternative remedy, the petitioner has filed this Writ Petition.

5. In view of the same, this Writ Petition is dismissed. However, liberty is given to the petitioner to file an appeal before the Revenue Divisional Officer, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the said appeal, the Revenue Divisional Officer, Agasteeswaram, Kanyakumari District, is directed to consider the said appeal and pass suitable orders on the same, after giving personal hearing to the petitioner as well as the respondent Nos.5 and 6, within a period of twelve weeks thereafter. No Costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Kanyakumari District at Nagercoil.

2.The District Revenue Officer, Nagercoil,

3.The Revenue Divisional Officer, Agasteeswaram, 4.The Tahsildar, Agasteeswaram Taluk at Nagercoil, 5.The Zonal Deputy Tahsildar, Agasteeswaram Taluk at Nagercoil, 6.The Village Administrative Officer, Kanyakumari Village, Kanyakumari.

+1 cc to Mr.R.Subramanian,Advocate, Sr.No:70588 +1 cc to Mr.M.Vivekanandan,Advocate, Sr.No:70557 +1 cc to M/S Special Government Pleader, Sr No.70895 WP(MD)No.22033 of 2016 pm rum/15.12.2016/3p/10c