SOUTHA BANU Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) This Writ Appeal is filed by the appellant dismissing the Writ Petition filed by him in W.P(MD).No.18069 of 2018, to quash the proceedings of the first respondent dtd. 18/7/2018, insofar as the patta in respect of S.F.No.288/2 and 288/4 in Kodikulam village, Manamelkudi Taluk, Pudukottai District.

(2.) The appellant states that she purchased the plot bearing No.20, by virtue of a sale deed dtd. 30/8/2013 from the promoter of a lay out by name M.K. Saibu and that she is in possession and enjoyment of the Plot. It is also stated by the appellant that the property in S.F.No.288/2 situated at Kodikulam village, Manamelkudi Taluk, Pudukottai District belonged to M.K.Saibu of Kottaipattinam Village as he was enjoying the same as his ancestral property. It is further stated that patta was granted in favour of the said M.K.Saibu. It is a case of the appellant that the said M.K. Saibu formed a lay out including the property in S.F.No. 288/2 and another 21 Plots by combining the property in S.F.No. 288/2 and other properties. It is also stated by the appellant that the appellant is a bonafide purchaser of the property and that she had paid necessary fees for changing patta in her name. Though joint patta was granted in favour of the appellant for an extent of 1061 Sq. Ft., in S.F.No.288/2, the first respondent later cancelled the patta granted in favour of the appellant by the impugned order dtd. 18/7/2018. Alleging that the first respondent had not issued any notice, before passing the impugned order, the Writ Petition came to be filed by the appellant. The learned Single Judge of this Court dismissed the Writ Petition only on the ground that the appellant should approach the Appellate Authority to redress her grievance as alternative remedy is effective. Challenging the order of the learned Single Judge, the above Writ Appeal has been filed.

(3.) The learned counsel appearing for the appellant submitted that the impugned order is in violation of principles of natural justice and that therefore, alternative remedy is not an absolute bar for maintaining the Writ Petition. He relied upon the several decisions of this Court particularly the Division Bench Judgment of this Court dtd. 28/6/2018 made in W.A(MD).No. 862 of 2018 (K. Kodeeswaran Vs. The District Collector, Pudukkottai District and others).