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2013 Supreme(Mad) 1580

VT.RAJA
M. Chinnapillai – Appellant
Versus
District Collector, District Collectorate, Ariyalur District – Respondent


Advocates Appeared:
For the Petitioner:R. Gokulakrishnan, Advocate.
For the Respondents:R1 & R2, N. Srinivasan, AGP. R3, A. Tamilvanan, Advocate.

ORDER

1. The prayer of the petitioner, who has filed both the above writ petitions, in W.P. No.4558 of 2013 is for issuance of a writ of mandamus to direct the 2nd respondent Tahsildar, Ariyalur District, to cancel patta No.588 relating to the lands in Survey No.152/7 issued in favour of the 3rd respondent and re-issue the patta in the name of the petitioner.

2. The prayer of the petitioner is per senot maintainable having regard to Section 12 of the Tamil Nadu Patta Pass Book Act, 1983 (in short 'Act) which provides that any person aggrieved by an order made by the Tahsildar under the 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. As regards the appellate authority, Rule 14 of the Tamil Nadu Patta Pass Book Rules, 1997, states that the Revenue Divisional Officer is the appellate authority to hear the appeal to be preferred under Section 12. Again, Section 13 contemplates further revision to the Revenue Divisional Officer either on the application of a party or in his own motion. Thus, when there is an appellate remedy available





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