Madras High CourtWP(MD)/23744/2016dismissed

S.Lockus v. The Revenue Divisional

2016-12-07Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.23744 of 2016 and W.M.P.(MD)No.17079 of 2016 S.Lockus : Petitioner Vs.

1.The Revenue Divisional Officer, Pattukottai, Thanjavur District.

2.The Tahsildar, Peravurani Taluk, Peravurani, Thanjavur District.

3.L.Yovan Udhayakumar : Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorari, to call for the records in pursuant to the impugned order passed by the first respondent in his proceedings in Na.Ka.845/2015-A4, dated 14.10.2016 and quash the same as illegal. For Petitioner : Mr.K.Balasubramani For Respondents 1&2 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader ******

O R D E R

******* It is seen that as against the order passed by the first respondent, impugned in this Writ Petition, in respect of patta proceedings, further appeal lies before the District Revenue Officer. When that being the statutory position and when the very impugned order also refers to such position, I do not think that the petitioner can approach this Court and file the present Writ Petition without exhausting such alternative remedy statutorily available. Therefore, without expressing any view on the merits https://hcservices.ecourts.gov.in/hcservices/

and contentions raised by the petitioner in this Writ Petition, the same is dismissed, however, with liberty to the petitioner to approach the concerned District Revenue Officer and file an appeal, within a period of three weeks from the date of receipt of a copy of this order. If any such appeal is filed, such an Officer shall consider and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to both parties.

2. With the above observation, the Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar SML To 1.The Revenue Divisional Officer, Pattukottai, Thanjavur District.

2.The Tahsildar, Peravurani Taluk, Peravurani, Thanjavur District.

3 The District Revenue Officer, Thanjavur District.

+1CC to Mr.K.Balasubramani, Advocate Sr.No.79684 +1CC to Spl.Government Pleader Sr.No.789984 GJM/SKN/23.12.16-2p-6C Order made in W.P.(MD)No.23744 of 2016 Dated: 07.12.2016 https://hcservices.ecourts.gov.in/hcservices/