T KOLANJI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS writ appeal has been filed against the interlocutory order dated 30-3-2003 passed by the learned single Judge in the writ petition. With consent of both parties, the writ petition itself is taken up for final disposal.

(2.) THE writ petition was filed by the fourth respondent herein against the impugned order dated 20-11-2004. Learned counsel for the appellant submits that the writ-petitioner has an alternative remedy of revision under Sec. 219 of the Tamil Nadu Panchayat Unions Act. In TAMIL NADU STATE TRANSPORT CORPORATION v. C. DURAI (2005 WLR 136), we have held that while it is true that alternative remedy is not an absolute bar to a writ petition yet, ordinarily, a writ petition should not be entertained when an alternative remedy of appeal/revision is available under the relevant statute itself since writ is a discretionary remedy. We have further held that even if there is breach of principles of natural justice or the impugned order is one without jurisdiction, a writ petition can still be dismissed on the ground of alternative remedy. Following the aforesaid Division Bench decision, the writ petition is dismissed on the ground of availability of alternative statutory remedy. If the writ petitioner files the revision under Sec. 219 of the Tamil Nadu Panchayat Unions Act, the same will be decided expeditiously in accordance with law after hearing both parties. The writ appeal against the interlocutory order in the writ petition consequently becomes infructuous and it is also dismissed.