A.Vellaichamy vs The District Collector, The District Revenue Officer and The Tahsildar

G. Rajasuria, J.—This writ petition has been filed to call for the records of the second respondent dated 22.10.2008 in his proceedings No. B2/45380/07 in cancelling the lands assignment order dated 04.03.1985 made in favour of the petitioner in respect of the lands in S. No. 257/2 to an extent of 0.20.0 Hec. and in S. No. 257/4 to an extent of 0.33.5 Hec. in Urappuli (Group) Village, Paramakudi Taluk, Ramanathapuram District and quash the same.

Heard the learned Counsel for the petitioner and also Mr. D.Sasikumar, learned Government Advocate, who took notice on behalf of the respondents.

The learned Counsel for the petitioner would air the grievance of the petitioner to the effect that earlier the lands in S.Nos.257/2 and 257/4 measuring an extent of 0.20.0 Hec. and 0.33.5 Hec. respectively were assigned to the petitioner for cultivation purpose; however, subsequently, the second respondent viz., the District Revenue Officer, Ramanathapuram passed the impugned order dated 22.10.2008, as though the petitioner was not cultivating the land by himself and hence cancelled it.

Being aggrieved by and dissatisfied with the said impugned order, this writ petition has been filed.

The learned Government Advocate would contend that if at all the petitioner is aggrieved, he has to prefer appeal before the appropriate authority instead of approaching this Court and he is not justified in straight away filing this writ petition.

I could see considerable force in the submission made by the learned Government Advocate that when an authority passes order and if there is appeal provision, certainly, the aggrieved party should file appeal. However, in this case, straight away the writ petition has been filed. Cutting across all technicalities, I would like to pass the following direction:

The petitioner within a period of three weeks from the date of receipt of a copy of this order, shall prefer appeal or revision, as the case may be, before the appropriate authority and in the meanwhile, let he not be dispossessed.

With the above said observation and direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

The Registry is directed to return the impugned order to the petitioner, on replacement of it by a photocopy, so as to enable him to prefer appeal or revision, as the case may be.