N.Anguchamy Vs The District Collector

6.The Executive Officer, Hindu Religious and Charitable Endowment, Arulmigu Poolanantheeshwarar Thirukovil, Chinnamanur, Theni District. ... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records in Na.Ka.No.6671/2023/A 9 dated 12.10.2023 passed by the fourth respondent and consequential impugned order passed by the third respondent in Oo.Mu.No.5884/2023/A4 dated 06.09.2024 and quash the same as illegal and consequently direct the 1 to 4 respondents to issue patta in S.F.No.746/2 to an extent of 1 acre 35 cents of Land situated at Chinnamanur, Uthamapalayam Circle, Theni Disttrict within time frame as stipulated by this Court.

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For Petitioner : Mrs.M.Rajeswari For R1 to R4 : Mr.B.Saravanan Additional Government Pleader For R5 : Mr.R.Suriyanarayanan For R6 : Mr.C.Gunaseelarupan ORDER

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The petitioner challenges the impugned order of the Revenue Divisional Officer, dated 06.09.2024.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.24275 of 2024

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The grievance of the petitioner is that the Revenue Divisional

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Officer did not give sufficient opportunity or hearing to the petitioner to putforth the petitioner's claims. However, the learned Additional Government Pleader appearing for the official respondents 1 to 4 would invite my attention to the impugned order itself, where, there is a reference to a fair opportunity given to the writ petitioner and enquiry being conducted before passing the final orders. If at all the petitioner is aggrieved by the order of the Revenue Divisional Officer, a statutory appeal is available under the provisions of the Patta Passbook Act to the District Revenue Officer.

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In view of the above, I do not see any merit to entertain the present petition challenging the order of the Revenue Divisional Officer in writ jurisdiction. The writ petition is dismissed. However, the petitioner is at liberty to prefer a statutory appeal before the District Revenue Officer concerned, within a period of four weeks from the date of receipt of a copy of this order and if such appeal is preferred within a period of four weeks from the date of order copy being issued by the Registry then, the District Revenue Officer shall take up the said appeal

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.24275 of 2024

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on merits without holding question of limitation against the petitioner. The said appeal shall be disposed of on merits and in accordance with law. It is open to the petitioner to raise all grounds before the District Revenue Officer.

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