The Petitioner seeks for issuance of a Writ of Certiorarified Mandamus calling for the records of the fourth respondent in No.Muu.Mu.A1/6376/2011, dated 4.11.2016 and to quash the same and consequently to direct the respondents 1 and 2 to appoint any other Revenue Divisional Officer to conduct the enquiry, who is well versed in State language.
2.Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader takes notice for the respondents 1 to 5.
3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself.
4.This Writ Petition is filed challenging the order of the fourth respondent arising out of patta proceedings. The said order came to be passed by the fourth respondent in an appeal filed by the Petitioner herein. It is seen that as against the order passed by the fourth respondent, a statutory revision lies before the third respondent. Without exhausting such remedy, the Petitioner is not entitled to file this Writ Petition.
5.Therefore, this Writ Petition is dismissed as not maintainable, however, without going into the merits of the matter and without expressing any view on the same. The learned counsel for the Petitioner submits that the time for filing such revision has already expired. If it is so, it is for the Petitioner to file an application seeking for condonation of delay, by stating the reasons for delay in filing such appeal including the filing of this Writ Petition. If any such application is filed, the revisional authority will consider the same on its own merits and in accordance with law. Consequently, connected Miscellaneous Petitions are dismissed. No costs.
To
1.The Secretary to Government, Revenue Department Secretariat, Chennai-9.
2.The District Collector, Virudhunagar District.
3.The District Revenue Officer, Virudhunagar District.
4.The Sub-Collector, Sivakasi, Virudhunagar District.
5.The Tahsildar, Sivakasi, Virudhunagar District.
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