V. Muthaiah v. The District Collector

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 19.06.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR and W.M.P.(MD)Nos.21536 & 21537 of 2024 V.Muthaiah ... Petitioner Vs

1. The District Collector, Tenkasi, Tenkasi District.

2. The Revenue Divisional Officer, Tenkasi, Tenkasi District.

3. The Tahsildar, Alangulam, Tenkasi District.

4. The Village Administrative Officer, Sivalarkulam Village, Alangulam Taluk, Tenkasi District.

5. P.N.Abraham

6. Sundara Mahalingam

7. John Mathew

8. George Pothan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of 1/4

India praying to issue a Writ of Certiorarified Mandamus, to call for the impugned order of issuance of two individual patta in the name of Sundaramahalingam i.e. the 6th respondent by the 3rd respondent bearing patta Nos. 5771 and 5038 in relation to the property bearing survey Nos. 1171 and 1154 situated at Sivalarkulam Village, Alangulam Taluk, Tenkasi District and quash the same as erroneous and consequently direct the 3rd respondent to restore the original joint patta to the said property bearing Nos. 1125 and 3491 forthwith.

For Petitioner : Mr.S.Palanivelayutham For Respondents : Mrs.S.Jeya Priya, Govt. Advocate for R1 to R4

O R D E R

This Writ Petition is filed challenging the order passed by the third respondent issuing individual patta in the name of six respondent.

2. If the petitioner is aggrieved by the issuance of patta by Tahsildar, then under Section 12 of Patta Passbook Act, 1983, he has got a remedy of appeal before Revenue Divisional Officer. Further the order passed by the appellate authority can be challenged by way of revision before the District Revenue Officer.

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3. In view of the availability of alternative remedies before the hierarchy of the statutory authorities, this Court is not inclined to entertain this Writ Petition. Accordingly, the same is dismissed. The petitioner is entitled to exclude the time taken by him in prosecuting the Writ Petition before this Court viz., from 01.10.2024 to the date of receipt of a copy of this order, while calculating the limitation for filing the appeal. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

19.06.2025 vsm Index: Yes/No Internet: Yes/No To

1. The District Collector, Tenkasi, Tenkasi District.

2. The Revenue Divisional Officer, Tenkasi, Tenkasi District.

3. The Tahsildar, Alangulam, Tenkasi District.

4. The Village Administrative Officer, 3/4

Sivalarkulam Village, Alangulam Taluk, Tenkasi District.

S.SOUNTHAR, J.

vsm W.P (MD) No.25387 of 2024 19.06.2025 4/4