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Madras High CourtWP(MD)/7105/2015dismissed

Karthick, S/O Selvam, v. The District Collector,

2023-07-11Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Karthick ... Petitioner Vs.

1.The District Collector, 2.The Revenue Divisional Officer, Periyakulam, 3.The Tahsildar, Aundipatti Taluk, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents by considering the petitioner's representation dated 21.04.2015 to cancel the patta No. 6548 wrongly issued in favour of Alagarsamy, son of Rengasamy Naidu and re issued in the patta in favour of the petitioner and his brothers Kannan and Ramesh with respect to the property in S.No. 823/5 measuring about 88 cents at Thimmarasanaickanoor, Theni District.

For Petitioner : no appearance For Respondents : Mr.D.Gandhiraj Special Government Pleader 1/4

ORDER

None appears for the petitioner.

2. The case is posted under the caption 'for dismissal'.

3. The petitioner seeks cancellation of patta issued in favour of one Alagarsamy. The said Alagarsamy has not been shown as the respondent in the writ petition. If the petitioner is aggrieved by the issuance of patta by the Tahsildar /R3, the petitioner can very well avail appeal remedy before the second respondent under Section 12 of the Tamil Nadu Patta Pass Book Act, 1983. The petitioner has not explained as to why he should bypass the appeal remedy. Granting liberty to the petitioner to avail appeal remedy, the Writ Petition is dismissed. I make it clear that I have not gone into the merits of the matter. No costs. 11.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, 2/4

2.The Revenue Divisional Officer, Periyakulam, 3.The Tahsildar, Aundipatti Taluk, 3/4

G.R.SWAMINATHAN, J.

rmi 11.07.2023 4/4