S. NIRMALA DEVI Vs. N. MADHAVA RAO

JUDGEMENT

(1.) The writ appeal has been maintained against the judgment dtd. 19/1/2022, whereby the writ petition preferred by the petitioner/non-appellant was allowed.

(2.) The writ petition was filed challenging the issuance of joint patta in favour of respondents 7 and 8 in the writ petition, without adhering to the procedure contemplated under law. The appellant and the eight respondent in the writ petition were served with a notice. They chose not to file a counter-affidavit and contest the writ petition, accordingly, they did not raise any objection to the maintainability of the writ petition.

(3.) Learned senior counsel for the appellant has raised the issue of maintainability of the writ petition in the light of Ss. 12 and 13 of the Tamil Nadu Patta Pass Book Act, 1983. It is submitted that remedy of appeal was available to the petitioner/ non-appellant and, therefore, the writ petition should have been dismissed on the ground of availability of alternative remedy.