Madras High CourtWP(MD)/22393/2016dismissed

V.Karthikraja, v. The Tahsildar

2016-11-23Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.22393 of 2016 and W.M.P.(MD).No.16035 and 16036 of 2016 V.KARTHIK RAJA .. Petitioner Vs.

1 THE TAHSILDAR O/O. THE TAHSILDAR, MELUR, MADURAI DISTRICT.

2 THE VILLAGE ADMINISTRATIVE OFFICER O/O. THE VILLAGE ADMINISTRATIVE OFFICER VANCHINAGARAM VILLAGE, MELUR TALUK MADURAI DISTRICT.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarfied Mandamus calling for the records relating to the impugned order passed by the 1st respondent in his proceedings in Na.Ka.No.6504/2016/Aa3 dated 15.10.2016 and quash the same as illegal and consequentially to direct the 1st respondent to change patta of the land situated in Vanjinagaram Village, Melur Taluk, Madurai District in Survey Nos.116/1A1, 115/3A & 115/4A admeasuring to an extent of 55 cents, 37 cents and 76 cents on western side in petitioner's name respectively within the period that may be stipulated by this Hon'ble Court. For Petitioner : Mr.C.Venkatesh Kumar for M/s.Ajmal Associates For Respondents : Mr.V.Muruganandham Additional Govt. Pleader

ORDER

Challenging the order passed by the first respondent/Tahsildar, rejecting the petitioner's request to grant separate patta, the present writ petition has been filed. https://hcservices.ecourts.gov.in/hcservices/ 2.Heard both sides and perused the materials available on records.

3.A perusal of the impugned order, it is seen that against the order passed by the Tahsildar, under Section 12 of the Tamil Nadu Patta Passbook Act, a revision is provided before the Revenue Divisional Officer concerned, under Section 13 of the Tamil Nadu Patta Passbook Act. Without availing such an alternative remedy, the petitioner has come before this Court by way of filing this writ petition.

4.In view of the same, this writ petition is dismissed. However, liberty is given to the petitioner to challenge the impugned order by filing a revision before the appropriate forum. There shall be no order as to costs. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1 THE TAHSILDAR O/O. THE TAHSILDAR, MELUR, MADURAI DISTRICT.

2 THE VILLAGE ADMINISTRATIVE OFFICER O/O. THE VILLAGE ADMINISTRATIVE OFFICER VANCHINAGARAM VILLAGE, MELUR TALUK MADURAI DISTRICT.

+One cc to M/s.Ajmal Associates, Advocate, SR.No.72140 +One cc to The Special Government Pleader, SR.No.72456 COPY TO:- THE SECTION OFFICER, V.R.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI vs RL/6C/2P/SS2/2.1.2017 W.P(MD)No.22393 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 23.11.2016