A. Gnana Thiraviya Swamy @ v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and M.P.(MD) No.1 of 2015 A.Gnana Thiraviya Swamy @ A.G.T.Swamy Secretary Anna Aided Middle School Muthalapuram, Poosaripatti Dindigul District ... Petitioner -vs1.The District Collector Dindigul District 2.The Revenue Divisional Officer Dindigul District 3.The Thasildhar Nilakottai Taluk Dindigul District 4.Kaveriammal ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records relating with the order of the third respondent made in Na.Ka.No.246/2014/A4, dated 07.07.2015 and quash the same as it is arbitrary and illegal and in consequent to direct the second respondent to cancel Patta to the property in S.No.1282/1 in Sevugampatti Village, which is wrongly given in the name of Senniamaniam and to issue a Patta in the name of Anna Aided School. For Petitioner :

Mr.R.Suriyanarayanan For Respondents :

Mr.T.Amjad Khan Government Advocate for R1 to R3 Mr.Usilai O.Sivakumar for R4

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The order dated 07.07.2015, passed by the third respondent, rejecting the request of the petitioner to cancel the patta granted in favour of the third respondent's husband for the subject property is under challenge in this writ petition.

2. At the outset, it is to be noted that the petitioner is having efficacious alternative remedy before the Revenue Divisional Officer / second respondent under the Tamil Nadu Patta Passbook Act, 1983, against the impugned order passed by the Tahsildar. Without exhausting the said appeal remedy, the petitioner has filed this writ petition.

3. Accordingly, this writ petition is dismissed with liberty to the petitioner to seek appropriate remedy before the Appellate Authority under the Tamil Nadu Patta Passbook Act, 1983. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] [R.V., J.] 25.03.2024 (2/2) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Dindigul District.

2.The Revenue Divisional Officer, Dindigul District.

3.The Thasildhar, Nilakottai Taluk, Dindigul District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk and M.P.(MD) No.1 of 2015 25.03.2024 (2/2)