Mariappan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA Mariappan ...

Petitioner -vs1.The District Collector, Thoothukudi District.

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

3.The Tahsildar, Ottapidaram Taluk, Thoothukudi District.

...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of certiorarified mandamus, to call for the records pertaining to the impugned order issued by the 3rd respondent through Short Message Service (SMS) to the petitioner's Mobile No.99421 67808, dated 12.11.2024, and quash the same and consequently direct the respondents to issue a patta in the name of the petitioner, by considering the petitioner's Application No.2024/0103/28/499469, dated 04.11.2024.

For Petitioner :

Mr.S.Vishnuvardhan For Respondents : Mr.M.Muthumanikkam, Govt. Advocate.

ORDER

This Writ Petition has been filed for issuance of a writ of certiorarified mandamus, to call for the records pertaining to the impugned order issued by the 3rd respondent through Short Message Service (SMS) to the petitioner's Mobile No.99421 67808, dated 12.11.2024, and quash the same and consequently direct the respondents to issue a patta in the name of the petitioner, by considering the petitioner's Application No. 2024/0103/28/499469, dated 04.11.2024.

2. It is seen that the order of the third respondent is an appealable one under Section 12 of the Tamil Nadu Patta Pass Book Act. The petitioner, without exhausting the said remedy, has approached this Court by way of this Writ Petition. Even in the Writ Petition, the petitioner has not given any plausible reasons for bypassing the statutory remedy available to him. When there is an alternative and efficacious remedy available under the Patta Pass Book Act, I am of the view that the Writ Petition cannot be entertained and hence it is dismissed. It is needless to state that the petitioner is at

liberty to file an appeal against the order of the third respondent to the second respondent.

3. Writ Petition is disposed of accordingly. No costs. Consequently, the connected W.M.P.(MD) No.24097 of 2024 is closed. 28.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1.The District Collector, Thoothukudi District.

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

3.The Tahsildar, Ottapidaram Taluk, Thoothukudi District.

N.MALA, J.

dixit 28.11.2024