Madras High CourtWP(MD)/7505/2016disposed of

V.Pitchai Iyer, v. The District Collector,

2022-09-27Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 27.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD).No.7505 of 2016 V.Pitchai Iyer

...Petitioner

Vs 1.The District Collector Thanjavur District Thanjavur 2.The District Revenue Officer Thanjavur Thanjavur District 3.The Revenue Divisional Officer Thanjavur Thanjavur District 4.The Tahsildar Kumbakonam Taluk Thanjavur District 5.Sri Sakthivaneshwarar Temple Represented by its the Executive Officer Patteeswaram Thanjavur District ....Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fourth respondent to cancel the Patta No.856 pertaining to Survey Nos.145 and 792 pertaining to Survey Nos. 140, 142, 143, 150, 152, 158, 159, 175 situated at Cholan Maaligai Village, 1/4

Kumbakonam Taluk, Thanjavur District and to restore the petitioner on the basis of the petitioner's representation dated 05.04.2016 within stipulated time fixed by this Court.

For Petitioner : Mr.P.Krishnasamy For R1 to R4 : Mr.B.Saravanan Additional Government Pleader For R5 : Mr.V.Chandrasekar

ORDER

The present writ petition has been filed challenging an order passed by the Tahsildhar under which the name of the fifth respondent temple was also incorporated and a joint patta was issued along with the writ petitioner. 2.The writ petitioner has given a representation on 05.04.2016 to the same Tahsildhar to register a separate patta in favour of the writ petitioner. As against the order passed by the fourth respondent, a statutory appeal lies under Section 10 of the Tamil Nadu Patta Passbook Act. Hence, the present writ petition is not maintainable.

3.The writ petition is disposed of with liberty to the writ petitioner to approach the third respondent by invoking the statutory appeal remedy. No costs.

27.09.2022 Internet : Yes/No Index : Yes/No msa 2/4

To 1.The District Collector Thanjavur District Thanjavur 2.The District Revenue Officer Thanjavur Thanjavur District 3.The Revenue Divisional Officer Thanjavur Thanjavur District 4.The Tahsildar Kumbakonam Taluk Thanjavur District 3/4

R.VIJAYAKUMAR, J.

msa Order made in W.P.(MD).No.7505 of 2016 27.09.2022 4/4