Sathishkumar vs The District Collector and The Tahsildar

D. Hariparanthaman, J.—Mr. K. Balasubramanian, learned Additional Government Pleader takes notice for the Respondents. By mutual

consent of both sides, the Writ Petition is taken up for final disposal.

The Petitioner has come forward with this Writ Petition for issuance of a Writ of Certiorarified Mandamus calling for the records of the second

Respondent in RTR/13335/10 dated 15.12.2010 and quash the same and consequently, direct the second Respondent to transfer the patta for

Survey No. 611/1 of Thanakkarakulam Village, Radhapuram Taluk in the name of the Petitioner based on the document No. 5462 of 2010.

The grievance of the Petitioner is that he purchased certain properties and he applied for patta. The same was rejected by the Tahsildar giving

reason that there are more than one entry relating to registration of documents. It is also stated that the person, who obtained loan, did not pay the

loan, leading to the Court auction, was not the original Pattadhar. It is not in dispute that the appeal is provided u/s 12 of the Tamil Nadu Patta

Pass Book Act, 1983 and the said Section is extracted hereunder:

Any person aggrieved by an order may by the Tahsildar under this 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.

In view of the existence of the alternative remedy, the Writ Petition is dismissed giving liberty to the Petitioner to approach the Appellate

Authority and to file an Appeal u/s 12 of the Tamil Nadu Patta Pass Book Act, 1983. On such filing of the Appeal, the Appellate Authority is

directed to give opportunity to both the parties and thereafter decide the same. Consequently, connected Miscellaneous Petitions are also

dismissed. No costs.