Madras High Court
Shanmugavel vs The Revenue Divisional Officer on 29 October, 2021
W.A(MD)No.1980 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
AND
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.A(MD)No.1980 of 2021
and
C.M.P(MD)No.8962 of 2021
Shanmugavel ... Appellant/Petitioner
Vs.
The Revenue Divisional Officer,
Palani,
Dindigul District. ... Respondent/Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent
against the order, dated 12.10.2021 made in W.P(MD)No.18774 of
2021 on the file of this Court.
For Appellant : Mr.D.Venkatesh
For Respondent : Mr.P.Thilak Kumar
Government Pleader
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1/4
W.A(MD)No.1980 of 2021
JUDGMENT
(Judgment of the Court was delivered by
M.DURAISWAMY,J.)
Challenging the order passed in W.P(MD)No.18774 of 2021
dated 12.10.2021, the writ petitioner has filed the above Writ
Appeal.
2.The appellant has filed the Writ Petition to issue a Writ of
Certiorari, to call for the records relating to the impugned order of
the respondent dated 06.10.2021 and to quash the same.
3.The learned Single Judge, by order dated 12.10.2021,
dismissed the Writ Petition finding that the appellant had already
filed a civil suit in O.S.No.243 of 2021 on the file of the Subordinate
Court, Palani, seeking for the relief of declaration and for permanent
injunction.
4.Mr.P.Thilak Kumar, learned Government Pleader appearing
for the respondent submitted that the impugned order dated
06.10.2021 passed by the respondent was on the appeal filed
before her under Section 12 of the Tamil Nadu Patta Passbook Act,
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1980 of 2021
1983, hence, the appellant has got remedy by way of a revision
under Section 13 of the Tamil Nadu Patta Passbook Act, 1983.
5.Since the appellant has filed the Writ Petition without
exhausting the alternate remedy by way of a revision under Section
13 of the Tamil Nadu Patta Passbook Act, 1983, we are not inclined
to interfere with the order passed by the learned Single Judge.
Accordingly, the Writ Appeal is dismissed. It is open to the appellant
to challenge the impugned order dated 06.10.2021 passed by the
respondent under the provisions of the Tamil Nadu Patta Passbook
Act, 1983. In the event of the appellant filing a revision before the
revisional authority under Section 13 of the Tamil Nadu Patta
Passbook Act, 1983 and in the event of the appellant filing a stay
petition before the revisional authority, it is open to the revisional
authority to decide the stay petition as expeditiously as possible. No
costs. Consequently, connected Miscellaneous Petition is closed.
[M.D.,J] [K.M.S.,J.]
29.10.2021
Index :Yes/No
Internet :Yes/No
ps
(i) Issue Order Copy on 01.11.2021.
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1980 of 2021
M.DURAISWAMY,J.
and
K.MURALI SHANKAR,J.
ps
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of
the order may be utilized
for official purposes, but,
ensuring that the copy of
the order that is presented
is the correct copy, shall
be the responsibility of the
advocate / litigant
concerned.
To
The Revenue Divisional Officer,
Palani,
Dindigul District.
W.A(MD)No.1980 of 2021
29.10.2021
https://www.mhc.tn.gov.in/judis/
