The Court dismissed a writ petition seeking cancellation of a land patta issued under the Special Settlement Scheme. The Court held there is an alternative remedy and found no merit in the petition where the opposite party failed to appear.
Writ of Mandamus to cancel Patta No.1058 dismissed; liberty to work out statutory remedy.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2018
CORAM
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM
WP.No.6232 of 2006
& W.P.M.P.No.6718 of 2006
V.Mani ...Petitioner
Vs
1.The Special Commissioner & Commissioner (L.A.)
Chepauk, Chennai.
2. The District Collector,
Coimbatore.
3. Commissioner,
Vadvalli Panchayat,
Vadavalli, Coimbatore.
4.Ravindran
5. The Tahsildar,
Perur Taluk, Coimbatore District. ...Respondents
[R5 impleaded as per the order of this Court dated 04.01.2018
in WMP.No.35765 of 2017 in W.P.No.6232 of 2006]
PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the 2nd respondent to cancel the Patta No.1058 in S.F.No.895/24 admeasuring an extent of 20.5 cents in Ward No.8, Kondaswamy Mudaliar Street in Vadavalli Village, Coimbatore. For Petitioner : Mr.P.R.Balasubramanian
For Respondents: Mr.N.Inbanathan, AGP (for RR1, 2 & 5) Mr.K.Magesh (for R3) No appearance (for R4)
ORDER
The petitioner has preferred this writ petition seeking for issuance of a Writ of Mandamus to direct the 2nd respondent to cancel the Patta No.1058 in S.F.No.895/24 measuring an extent of 20.5 cents in Ward No.8, Kondaswamy Mudaliar Street in Vadavalli Village, Coimbatore.
-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
pvs
To
1.The Special Commissioner & Commissioner (L.A.)
Chepauk, Chennai.
2. The District Collector,
Coimbatore.
3. Commissioner,
Vadvalli Panchayat,
Vadavalli, Coimbatore.
4. The Tahsildar,
Perur Taluk, Coimbatore District.
+1 CC to Mr.P.R.Balasubramanian Advocate Sr.No.10371
+1 CC to Mr.K.Magesh, Advocate Sr.No.9853
+1 CC to Government Pleader, High Court, Chennai Sr.No.10637
WP.No.6232 of 2006
KP(27/02/2018)
1 issue framed by the court
Whether the petitioner can invoke writ jurisdiction when an alternative statutory remedy exists despite the lack of service on the opposite party.
V.Mani
The Special Commissioner & Commissioner (L.A.), Chepauk, Chennai
The District Collector, Coimbatore
Commissioner, Vadvalli Panchayat, Vadavalli, Coimbatore
Ravindran
The Tahsildar, Perur Taluk, Coimbatore District
K.KALYANASUNDARAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
