1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2011 C O R A M THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)No.8571 of 2011 and M.P(MD)Nos.1 and 2 of 2011 Balasubramanian ... Petitioner -Vs- 1.The District Revenue Officer, Ramanathapuram, Ramanathapuram District. 2.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District. 3.The Tahsildar, Taluk Office, Ramanathapuram District. 4.John Premananda Leon ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarifed Mandamus to call for the records in Na.Ka.B5/69621/2006, dated 18.02.2011 on the file of the first respondent and quash the same as illegal, unjust, unconstitutional, without jurisdiction and to direct the respondents to confirm the order of the second respondent in his proceedings in Mu.Mu.(A8)/2208/06, dated 17.04.2006. For Petitioner :Mr.J.M.Hassanul Bazari For R1 to R3 :Mr.TR.Janarthanam Addl. Govt. Pleader For R4 : No appearance ORDER This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus calling for the records in Na.Ka.B5/69621/2006, dated 18.02.2011 on the file of the first respondent to quash the same and to direct the respondents to confirm the order of the second respondent in his proceedings in Mu.Mu.(A8)/2208/06, dated 17.04.2006. 2. Heard Mr.J.M.Hassaul Basari, learned Counsel for the petitioner. Mr.TR.Janarthanam, learned Additional Government Pleader who takes notice for respondents 1 to 3. https://hcservices.ecourts.gov.in/hcservices/ 2 3. In view of the order which is going to be passed, notice is dispensed with for R-4. 4. By consent, the main writ petition itself is taken up for final disposal. 5. The petitioner states that he is the owner of the property and has got a civil Court decree, dated 30.09.2010 in O.S.No.5 of 2007 on the file of the District Munsif Court, Ramanathapuram. The case of the petitioner is that the fourth respondent and the third respondent Tahsildar are trying to interfere with the property based on the order passed by the District Revenue Officer in Na.Ka.B5/69621/2006, dated 18.02.2011. 6.According to the petitioner, the order of the District Revenue Office is contrary to law and arbitrary. Relevant materials have not been considered. The order is without application of mind. 7. The learned Additional Government Pleader states that the remedy that will be available to the petitioner is to pursue the matter before the Civil Court in view of section 14 of the Tamil Nadu Patta Passbook Act, 1983, if the petitioner has a grievance against the order passed by the first respondent. 8. Section 14 of the Tamil Nadu Patta Pass Book Act, 1983 reads as follows:- "14.Bar of suits:- No suit shall lie against the Government or any officer of the Government in respect of a claim to have an entry made in any Patta Pass Book that is maintained under this Act or to have any such entry omitted or amended: Provided that if any person is aggrieved as to any right of which he is in possession, by an entry made in the Patta Pass Book under this Act, he may institute a suit against any person denying or interested to deny his title to such right, for a declaration of his rights under Chapter VI of the Specific Relief Act, 1963 (Central Act 47 of 1963): and the entry in the Patta Pass Book shall be amended in accordance with any such declaration." 9. In terms of Section 14 of the Tamil Nadu Patta Pass Book Act,1983, the petitioner can work out his rights before the civil Court and seek for amendment thereafter. Since an alternative remedy is available to the petitioners, the remedy under Article 226 of the Constitution of India is declined. 10. In view of the above, the writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are also dismissed. pm Sd/- Assistant Registrar[Crl side] /True copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To: 1.The District Revenue Officer, Ramanathapuram, Ramanathapuram District. 2.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District. 3.The Tahsildar, Taluk Office, Ramanathapuram District. +1 cc to Special Government Pleader, SR.No.26130. W.P.(MD)No.8571 of 2011 Dated:03.08.2011 3P/5C RPB 25.08.2011 https://hcservices.ecourts.gov.in/hcservices/