The Madras High Court disposed of a writ petition seeking quashing of an order and removal of pathway entries. The Court held it was not a fit case for extraordinary intervention as a statutory appeal lay and factual issues were involved.
Petition disposed of with liberty to file appeal against the impugned order within four weeks; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:08.12.2015
CORAM
THE HON'BLE MR. JUSTICE M.M.SUNDRESH
W.P.No.33677 of 2013 and M.P.No.1 of 2013
K.Ganesan ... Petitioner
Vs.
1. The District Revenue Officer,
Namakkal
2. The Thasildar,
Thiruchengode, Namakkal District. ... Respondents
Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus to call for the records with regard to the impugned order passed by the 1st respondent in his proceedings dated 3.5.2013 in Na.Ka.10830/2012/O1 and quash the same, Consequently direct the 2nd respondent to remove the pathway entries in S.F.No.1111 at Koothampoondi villge, Thiruchengode Taluk, Namakkal District in all revenue records including field map.
For Petitioner : Mr.R.Nalliyappan
For Respondents: Mrs.P.Rajalakshmi,Govt.Advocate
O R D E R
A perusal of the impugned order would show that an appeal would lie against the impugned order to the Additional Chief Secretary cum Land Administration Commissioner, Chennai. Therefore, this Court is of the view that it is not a fit case to exercise the extraordinary remedy, more so, when certain factual issues are involved.
Consequently, the connected miscellaneous petition is closed.
usk Sd/-
Asst.Registrar
/true copy/
Sub Asst. Registrar
To
1. The District Revenue Officer,
Namakkal.
2. The Thasildar,
Thiruchengode, Namakkal District.
+ 1 cc to Mr.R.Nalliyappan, Advocate Sr 66043.
SR/CO
KR/23/12
W.P.No.33677 of 2013
1 issue framed by the court
Whether the High Court is a fit case to exercise extraordinary remedies given the availability of a statutory appeal and existence of factual issues.
K.Ganesan
The District Revenue Officer, Namakkal
The Thasildar, Thiruchengode, Namakkal District
M.M. Sundresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
