1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2011 C O R A M THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)No.8350 of 2011 & M.P(MD)No.2 of 2011 W.P.(MD)No.8351 of 2011 & M.P(MD)No.1 of 2011 W.P.(MD)No.8352 of 2011 & M.P(MD)No.1 of 2011 W.P(MD)No.8350 of 2011: 1.K.S.Palanikumaran 2.S.Vijayalakshmi 3.S.Karmeswari ... Petitioners -Vs- 1.The District Revenue Officer, District Collector Office, Madurai -625 020. 2.The Revenue Divisional Officer, District Collector Office, Madurai. 3.The Tahsildar, Madurai South, Madurai District. 4.The Assistant Engineer, Tamil Nadu Electricity Board, Nagamalai Pudukkottai, Alwar Nager Station, Madurai-625 019. 5.The President, Nagamalai Pudukkottai Village Panchayat, Nagamalai Pudukkottai, Madurai-629 019. 6.Neelamegam 7.Latha Sophia ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the first respondent dated 29.12.2010 vide Na.Ka.No.91417/2009/G2 and quash the same and consequently direct the first respondent to grant patta in the name of the petitioner in respect of Plot No.23 in Survey No.101/3A23, which corresponds to new Survey No.101/4B1B3, Vilacheri Village, Madurai South Taluk, Madurai District. For Petitioner ...Mr.R.Rajaraman For Respondents ...Mr.R.Anandharaj Govt Advocate for R1 to R4. Mr.Aayiram K.Selvakumar Govt.Advocate for R5 For R6 & R7 :Notice- Dispensed with https://hcservices.ecourts.gov.in/hcservices/ 2 W.P(MD)No.8351 of 2011: R.Latha ... Petitioner Vs 1.The District Revenue Officer, District Collector Office, Madurai -625 020. 2.The Revenue Divisional Officer, District Collector Office, Madurai. 3.The Tahsildar, Madurai South, Madurai District. 4.The Assistant Engineer, Tamil Nadu Electricity Board, Nagamalai Pudukkottai, Alwar Nager Station, Madurai-625 019. 5.The President, Nagamalai Pudukkottai Village Panchayat, Nagamalai Pudukkottai, Madurai-629 019. 6.Neelamegam 7.Ravichandran ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the first respondent dated 29.12.2010 vide Na.Ka.No.91418/2009/G2 and quash the same and consequently direct the first respondent to grant patta in the name of the petitioner in respect of Plot No.24 in Survey No.101/4G, which corresponds to new Survey No.101/4B1B2, Vilacheri Village, Madurai South Taluk, Madurai District. For Petitioner ...Mr.R.Rajaraman For Respondents ...Mr.R.Anandharaj Govt Advocate for R1 to R4. Mr.Aayiram K.Selvakumar Govt.Advocate for R5 For R6 & R7 :Notice- Dispensed with W.P(MD)No.8352 of 2011: K.Chandrasekaran ... Petitioner -Vs- 1.The District Revenue Officer, District Collector Office, Madurai -625 020. https://hcservices.ecourts.gov.in/hcservices/ 3 2.The Revenue Divisional Officer, District Collector Office, Madurai. 3.The Tahsildar, Madurai South, Madurai District. 4.The Assistant Engineer, Tamil Nadu Electricity Board, Nagamalai Pudukkottai, Alwar Nager Station, Madurai-625 019. 5.The President, Nagamalai Pudukkottai Village Panchayat, Nagamalai Pudukkottai, Madurai-629 019. 6.Neelamegam 7.Jeswa Jeyaraj 8.Annal Krishty ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the first respondent dated 29.12.2010 vide Na.Ka.No.91419/2009/G2 and quash the same and consequently direct the first respondent to restore the patta in the name of the petitioner in respect of Plot No.25 in Survey No.101/4F, which corresponds to new Survey No.101/4B1A, Vilacheri Village, Madurai South Taluk, Madurai District. For Petitioner ...Mr.R.Rajaraman For Respondents ...Mr.R.Anandharaj Govt Advocate for R1 to R4. Mr.Aayiram K.Selvakumar Govt.Advocate for R5 For R6 & R7 :Notice- Dispensed with COMMON ORDER W.P.(MD)N0.8350 of 2011 has been filed to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent dated 29.12.2010 vide Na.Ka.No.91417/2009/G2 and quash the same and consequently direct the first respondent to grant patta in the name of the petitioner in respect of Plot No.23 in Survey No.101/3A23, which corresponds to new Survey No.101/4B1B3, Vilacheri Village, Madurai South Taluk, Madurai District. 2.W.P(MD)No.8351 of 2011 has been filed to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent dated 29.12.2010 vide Na.Ka.No.91418/2009/G2 and quash the same and consequently direct the first respondent to grant patta in the name of the petitioner in respect of Plot No.24 in Survey No.101/4G, which corresponds to new Survey No.101/4B1B2, Vilacheri Village, Madurai South Taluk, Madurai District. https://hcservices.ecourts.gov.in/hcservices/ 4 3.W.P(MD)No.8352 of 2011 has been filed to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent dated 29.12.2010 vide Na.Ka.No.91419/2009/G2 and quash the same and consequently direct the first respondent to restore the patta in the name of the petitioner in respect of Plot No.25 in Survey No.101/4F, which corresponds to new Survey No.101/4B1A, Vilacheri Village, Madurai South Taluk, Madurai District. 4. Heard Mr.R.Rajaraman, learned Counsel for the petitioners. Mr.R.Anandha Raj, learned Government Advocate who takes notice for respondents 1 to 4 and Mr.Aayiram K.Selvakumar, learned Government Advocate who takes notice for the fifth respondent, in all the writ petitions. 5.In view of the order that is to be passed, notice to the other respondents, is dispensed with. 6. By consent, the main writ petitions are taken up for final disposal. 7.The writ petitioners are the revision petitioners before the District Revenue Officer and have suffered the orders under challenge. 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 petitions are dismissed. No costs. Consequently, connected Miscellaneous Petitions are also dismissed. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 5 To:. 1.The District Revenue Officer, District Collector Office, Madurai -625 020. 2.The Revenue Divisional Officer, District Collector Office, Madurai. 3.The Tahsildar, Madurai South, Madurai District. 4.The Assistant Engineer, Tamil Nadu Electricity Board, Nagamalai Pudukkottai, Alwar Nager Station, Madurai-625 019. 5.The President, Nagamalai Pudukkottai Village Panchayat, Nagamalai Pudukkottai, Madurai-629 019. +3CC TO MR.R.RAJARAMAN, ADVOCATE SR.NOS.24872, 24870, 24872 +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.25212 gsr SR : 19.08.2011 : 5p/10c W.P.(MD)Nos.8350 to 8352 of 2011 27.07.2011 https://hcservices.ecourts.gov.in/hcservices/