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Madras High CourtWP/2978/2022dismissed

T.Ganesan v. The District Collector

2022-02-21Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.2978 OF 2022 AND W.M.P.NO.3148 OF 2022

1. T.Ganesan

2. A.Mohan ... Petitioners vs.

1. The District Collector, District Collectorate Office, Salem District.

2. The Revenue Divisional Officer, Mettur Dam-636 401, Salem District.

3. The Tahsildar, Mettur Dam, Salem District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd Respondent to consider the Petitioners representation dated 11.01.2021 and to implement the order of this Hon'ble Court in W.P.No.4397 of 2015 dated 09.09.2020 within a time frame. For Petitioners :

Mr.B.Kumarasamy For Respondents :

Mr.G.Nanmaran Special Government Pleader

ORDER

The petitioner has filed this Writ Petition to direct the 2nd Respondent to consider the Petitioners representation dated 11.01.2021 and to implement the order of this Hon'ble Court in W.P.No.4397 of 2015 dated 09.09.2020.

https://hcservices.ecourts.gov.in/hcservices/

2.The learned Counsel appearing for the petitioners submitted that, a Writ Petition in W.P.No.4397 of 2015 was filed by one Narayanan, and this Court vide its order dated 09.09.2020 directed the 2nd respondent thereon to consider the petitioner's representation dated 21.07.2014 and dispose of the same. However, till date the order of this Court was not complied with by the 2nd respondent . Hence he submits that it would suffice, if this Court issues direction to the 2nd respondent to consider the representation dated 21.07.2014 and pass orders on the same within a particular time frame fixed by this Court.

3.If the order of this Court is not complied with by the 2nd respondent, the provision available to the aggrieved party is to file a Contempt Petition against the officials who have not complied with the order. Further, it is to be pointed out that the petitioners were not party petitioners in the earlier W.P.No.4397 of 2015. That being the admitted position, the prayer sought for by the petitioner cannot be acceded to. 4.Accordingly, this Writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar skt/gd To:

1. The District Collector, District Collectorate Office, Salem District.

2. The Revenue Divisional Officer, Mettur Dam-636 401, Salem District.

3. The Tahsildar, Mettur Dam, Salem District.

+1cc to M/s.B.Kumarasamy, Advocate, S.R.No.11227 W.P.No.2978 of 2022 JP-II(CO) RLP(11/03/2022) https://hcservices.ecourts.gov.in/hcservices/