BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12/04/2011 Coram THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.(MD).No.4388 of 2011 And M.P.(MD).Nos. 1 & 2 of 2011 Sathishkumar ... Petitioners Vs 1. The District Collector Tirunelveli District 2. The Tahsildar Taluk Office Radhapuram ... Respondents PRAYER Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of the second respondent in RTR/13335/10 dated 15.12.2010 quash the same and consequently, direct the second respondent to transfer the patta for Survey No. 611/1 of Thanakkarakulam Village, Radhapuram Taluk in the name of the petitioner based on the document No. 5462 of 2010. *** !For Petitioner ... Mr.V.Perumal ^For Respondents... Mr.K.Balasubramanian Additional Government Pleader :ORDER
Mr.K.Balasubramanian, learned Additional Government Pleader takes notice
for the respondents. By mutual consent of both sides, the Writ Petition is taken
up for final disposal.
2. The petitioner has come forward with this Writ Petition for issuance
of a Writ of Certiorarified Mandamus calling for the records of the second
respondent in RTR/13335/10 dated 15.12.2010 and quash the same and consequently,
direct the second respondent to transfer the patta for Survey No. 611/1 of
Thanakkarakulam Village, Radhapuram Taluk in the name of the petitioner based on
the document No. 5462 of 2010.
3. The grievance of the petitioner is that he purchased certain
properties and he applied for patta. The same was rejected by the Tahsildar
giving reason that there are more than one entry relating to registration of
documents. It is also stated that the person, who obtained loan, did not pay
the loan, leading to the Court auction, was not the original Pattadhar. It is
not in dispute that the appeal is provided under Section 12 of the Tamil Nadu
Patta Pass Book Act, 1983 and the said Section is extracted hereunder:-
“Any person aggrieved by an order may by the Tahsildar under this Act may,
within such period as may be prescribed, appeal to such authority as may be
prescribed and the decision of such authority on such appeal shall subject to
the provisions of Section 13, be final.”
4. In view of the existence of the alternative remedy, the Writ
Petition is dismissed giving liberty to the petitioner to approach the Appellate
Authority and to file an Appeal under Section 12 of the Tamil Nadu Patta Pass
Book Act, 1983. On such filing of the Appeal, the Appellate Authority is
directed to give opportunity to both the parties and thereafter decide the same.
Consequently, connected Miscellaneous Petitions are also dismissed. No costs.
vsg
To
1. The District Collector
Tirunelveli District
2. The Tahsildar
Taluk Office
Radhapuram