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2014 DIGILAW 2158 (MAD)

R. Gurusamy v. District Collector, Dharmapuri

2014-07-17

S.VAIDYANATHAN

body2014
Judgment 1. The petitioner has filed this writ petition for a Mandamus, directing the second respondent herein to dispose of the representation of the petitioner dated 28.8.2012. 2. The case of the petitioner is that during the pendency of the suit before District Court, Pennagaram and when the interim order was in operation, the Tahsildar has issued patta to the fourth respondent under Section 10 of the Patta Pass Book Act, 1983 which is in contravention to the orders of this Court. That apart, the fourth respondent cannot be issued with patta to the land which belonged to the writ petitioner. 3. The fourth respondent has filed a counter to the effect that he is the owner of the property in question and that the petitioner has not preferred any appeal as contemplated under Section 12 of the Patta Pass Book Act, 1983. Without filing an appeal, the petitioner has come up with the present writ petition. 4. Heard the learned counsel on either side. 5. If there is any interim order, it is open to the petitioner to bring it to the knowledge of this Court in the manner known to law. Similarly, no one can prevent the petitioner from filing an appeal under Patta Pass Book Act, 1983. Without exhausting the Appellate remedy or revision under the Patta Pass Book Act, the petitioner cannot come forward with such a prayer. Hence, the writ petition is devoid of merits and the same is dismissed. However, it is open to the petitioner to approach the appropriate Forum in the manner known to law. No costs.