Research › Search › Judgment

Madras High Court · body

2012 DIGILAW 1059 (MAD)

A. Manivelu v. District Collector

2012-02-28

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioner has approached this Court, with a prayer for issuance of a Writ, in the nature of Mandamus, directing the third respondent to cancel the patta, issued in favour of the fourth respondent, on the basis of his enquiry report, dated 12.08.2011, by considering the petitioner's representation, dated 30th May, 2011. 2. The relief sought by the petitioner, viz., for cancellation of patta, which is issued in favour of the fourth respondent is covered under the Board Standing Order No.31, which reads as under:- "To whom applications should be made:- Applications for transfer of registry may be made to the Collector or the Divisional Officer or the Tahsildar or the Deputy Tahsildar of the taluk or sub taluk or the Taluk Head Accountant or the Revenue Inspector of the Firka, in which the land, the registry of which it is sought to change, is situated, or to Registration Officers when conveyances are presented for registration. On the death of the registered holder, the Karnam of the Village should at once report the fact to the Tahsildar or Deputy Tahsildar, within whose jurisdiction, the Village is situated, with the names of heirs of the deceased so far as he can make them out. The Collector, the Divisional Officer, the Tahsildar, or Deputy Tahsildar, may finally dispose of all cases of Transfer, however arising, and direct changes or registry either of his own motion or on the enquiry and report of an Officer not lower in rank than a Revenue Inspector. There is no right of appeal in cases of transfers of registry ordered by a Tahsildar or a Deputy Tahsildar. The Divisional Officer and Collector may, however, in the exercise of their general powers of revision, entertain revision petitions at any time against the orders of their subordinates in such cases and should do so when there is any likelihood of Government being involved in a civil suit. A Revenue Inspector after making personal inquiry in the Village, where the land is situated, may dispose of such of the petitions presented to him and also such of the outstanding cases of transfer ascertained by him as provided in paragraph 5 (ii) supra as do not involve the formation of new subs-divisions and about which there is no dispute. A Revenue Inspector after making personal inquiry in the Village, where the land is situated, may dispose of such of the petitions presented to him and also such of the outstanding cases of transfer ascertained by him as provided in paragraph 5 (ii) supra as do not involve the formation of new subs-divisions and about which there is no dispute. Disputed cases and cases involving sub-divisions should be submitted to the Tahsilar or the Deputy Tahsildar, as the case may be, for orders. Similarly, a Revenue Inspector will not dispose of applications for transfer of registry of enfranchised minor inams, if they involve sub-divisions of jodi quit-rent.” 3. The remedy available with the petitioner, is to file a Revision Petition before the Collector, to challenge the impugned order, passed by the third respondent. In view of the availability of the remedy, under the Board Standing Orders, this Writ Petition, is not competent, dismissed with liberty to avail alternative remedy, under the Board Standing Orders. 4. In case of any revision petition, is filed by the petitioner, the Collector shall consider and decide the petition, on merits, in accordance with law. 5. No costs. Consequently, connected miscellaneous petition is closed.