Sriman Natana Gopala Nayaki Swamikal Sabhai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) Nos.21726 and 21727 of 2024 Sriman Natana Gopala Nayaki Swamikal Sabhai, Rep., by its President, C.K.Gokulnath Premachand, Brindavana Thirukovil, Natanagopalapuram, Kadhakinaru, Alagarkoil Road, Madurai-625 107.

.. Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Melur, Madurai District.

3.The Tahsildar, Madurai East Taluk, Madurai.

4.The Village Administrative Officer,

5.The Panchayat President, .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings of the third respondent in e.f.vz;.34/2024/,2 ehs; 20.06.2024 as illegal and quash the same and consequently direct the respondents 1 to 4 to issue patta of 20 cents of vacant site with compound wall of the year 1921 in Survey No.53/2, Kadhakinaru Village, Madurai East Taluk, Madurai District (within the Thamaraipatti Sub-Registration District) in the name of Sriman Natana Gopala Nayaki Swamigal Sabhai.

For Petitioner :

Mr.S.Suresh Kumar For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition has been filed for the following relief: "For the reason stated in the accompanying affidavit it is prayed that this Hon'ble Court may be pleased to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned

proceedings of the 3rd respondent in e.f.vz;. 34/2024/,2 ehs; 20.06.2024 as illegal and quash the same and consequently direct the respondents 1 to 4 to issue patta of 20 cents of vacant site with compound wall of the year 1921 in Survey No.53/2, Kadhakinaru Village, Madurai East Taluk, Madurai District (within the Thamaraipatti Sub-Registration District) in the name of Sriman Natana Gopala Nayaki Swamigal Sabhai and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice."

2. It is brought to the notice of this Court that against the order impugned, appeal remedy is available before the second respondent herein.

3. Considering the fact that the petitioner has an alternate remedy in the form of an appeal before the Revenue Divisional Officer, Melur, the second respondent, this Writ Petition is not maintainable and the same is dismissed accordingly. It is open to the petitioner to move

necessary appeal before the authority concerned. No costs. Consequently, connected miscellaneous petitions are closed. 25.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Melur, Madurai District.

3.The Tahsildar, Madurai East Taluk, Madurai.

4.The Village Administrative Officer, 5.The Panchayat President,

P.T.ASHA, J.

abr Dated: 25.10.2024