← Library
Madras High CourtWP(MD)/18667/2019disposed of

S.Jeganathan v. The Zonal Deputy Tahsildar

2019-08-29Honourable Mr Justice R. Suresh Kumar2 pages

W.P.(MD)No.18667 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.18667 of 2019 and W.M.P(MD).Nos.15035 and 15036 of 2019 S.Jeganathan

...Petitioner

-VsThe Zonal Deputy Tahsildar, Vilathikulam Taluk, Thoothukudi District.

...Respondent

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the respondent in file No.2019/0103/28/169177 dated 16.08.2019 and quash the same and consequently, directing the respondent to effect the transfer of patta based on the petitioner's online application dated 17.07.2019. For Petitioner : Mr.B.Chakkaravarthi For Respondent : Mr.M.Rajarajan Government Advocate

ORDER

The prayer sought for in this writ petition is to quash the impugned order passed by the respondent in file No.2019/0103/28/169177, dated 16.08.2019 and consequently, directing the respondent to effect the transfer of patta based on the petitioner's online application, dated 17.07.2019. 2.Heard Mr.B.Chakkaravarthi, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Government Advocate appearing for the respondent.

3.Through the impugned order the respondent Tahsildar rejected the claim of the petitioner for patta transfer by order dated 16.08.2019, challenging the same, the present writ petition has been filed.

4.Under Section 12 of the Patta Passbook Act, there is an efficative statutory alternative remedy available against any order passed by the Tahsildar concerned, before the concerned Revenue Divisional Officer.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.18667 of 2019 5.In view of the same, for non-exhausion of alternative remedy, this Writ Petition cannot be entertained. Therefore, the same is dismissed with liberty to the petitioner to file appeal under Patta Passbook Act to the Revenue Divisional Officer concerned. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) rmk To The Zonal Deputy Tahsildar, Vilathikulam Taluk, Thoothukudi District.

+1 cc Mr.B.CHAKARAVARTHI ,Advocate, SR.No.84107 +1cc to M/s.Special Government Pleader,SR.No. 84627 W.P.(MD)No.18667 of 2019 29.08.2019 KK/SAR/02.12.2019/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2