High CourtsDivision Bench(2005) 07 MAD CK 0118

T. Kolanji vs The District Collector, The Assistant Director Panchayat, The Tahsildar and Periapillai Sedakkudikadu Village

Madras High Court · Decided on 4 July 2005

HON’BLE JUDGES
Markandey Katju, C.J · F.M. Ibrahim Kalifulla, J
CASE NUMBER
W.A. No. 785 of 2005 and W.P. No. 36158 of 2004

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Judgment

11 paragraphs · 244 words

Markandey Katju, C.J.—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 u/s 219 of the Tamil Nadu Panchayat Unions Act. In TAMIL NADU STATE

TRANSPORT CORPORATION v. C. DURAI 2005 WLR 136we 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 u/s 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.