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2025 Supreme(Online)(Mad) 49754
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR, J
C.Soundrapandian – Appellant
Versus
The District Collector – Respondent
W.P.(MD).No.19800 of 2025
For the Appellants/Petitioners: Mr.S.Devasena
For the Respondents: Mrs.K.Malathi Additional Government Pleader
Natural justice not violated; alternative remedy available under Tamil Nadu Patta Pass Book Act.
Headnote:The petitioner filed a Writ Petition under Article 226 of the Constitution of India challenging the order of the 2nd respondent rejecting the cancellation of patta. The Court found no violation of natural justice as the petitioner had effectively participated and had an alternative remedy available under Section 14 of the Tamil Nadu Patta Pass Book Act. Thus, the writ petition was dismissed, enabling the petitioner to approach the Revisional Authority. The petition concluded with the order of dismissal.
| Table of Content |
|---|
| 1. challenged legality of order rejecting patta. (Para 1 , 2 , 3) |
| 2. natural justice upheld; alternative remedy available. (Para 4) |
| 3. dismissal of writ petition confirmed. (Para 6) |
ORDER
The writ petition is filed challenging the order passed by the 2nd respondent rejecting the application submitted by the petitioner, seeking cancellation of patta issued in the name of the Thankikodi in respect of the property situated in S.No.236/2 in Narippayur Group Village in Kadaladi Taluk, Ramanathapuram District and issuance of patta in the name of the petitioner.
2. Heard the learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader who takes notice for the respondents 1 to 4.
3. By consent of both the parties, the writ petition is taken up for final disposal at the stage of admission itself.
4. Perusal of the impugned order passed by the 2nd respondent would indicate that the petitioner effectively participated in the proceedings before the 2nd respondent and copy of the order passed by the 2nd respondent was also marked to the petitioner.
5. In such circumstances, there is no violation of natural justice.
Therefore, this Court is not inclined to entertain this writ petition when an alternative remedy is available to the petitioner before the District Revenue Officer (DRO) under Section 14 of Tamil Nadu Patta Pass Book Act .
6. In view of the same, writ petition is dismissed with liberty to the petitioner to challenge the impugned order before the Revisional Authority. No costs. Consequently, connected miscellaneous petitions are closed.
