V.Manoharan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2017

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.31671 of 2014 & MP.1 of 2014 and Contempt Petition No.740 of 2015 V.Manoharan ... Petitioner (in WP.No.31671 of 2014 & Cont P.No.740 of 2015) vs.

1.

The District Collector O/o. The District Collectorate Kancheepuram District Kancheepuram.

2.

The Executive Officer Kundrathur Town Panchayat Kundrathur Chennai-600 069.

3.

K.Masilamani

...Respondents

(in WP.No.31671 of 2014) 1.

Mr.Shanmugam The District Collector O/o. The District Collectorate Kancheepuram District, Kancheepuram.

2.

Mr.Muniyandi The Executive Officer Kundrathur Town Panchayat Kundrathur Chennai-600 069.

... Respondents (in Cont P.No.740 of 2015) PRAYER:

Writ Petition No.31671 of 2014 filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 & 2 to allow the petitioner and his family members to use the part of Government Poramboke land situated near Survey No.304/1A of Kundrathur Village, based on the petitioner's representation dated 16.10.2014 & 27.09.2014. Contempt Petition No.740 of 2015 filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for

their wilful disobedience of this Hon'ble Court order made in WP.No.31671 of 2014 dated 03.12.2014 and punish them under Sections 11 of the Contempt of Court Act, 1971. For Petitioner : Mr.S.Kumara Devan (in WP.No.31671 of 2014 & Cont P.No.740 of 2015) For Respondents : Mr.Era Premanathh Government Advocate for R1 & R2 (in WP.No.31671 of 2014 & Cont P.No.740 of 2015) C O M M O N O R D E R This writ petition is filed for a direction to the respondents 1 & 2 to allow the petitioner and his family members to use the part of the Government Poromboke land situated at Survey No.304/1A of Kundrathur Village, based on his representations dated 16.10.2014 & 27.09.2014.

2. Heard both sides.

3. The petitioner by way of the above representations seeks permission to use the Government Poromboke land and consequently, seeks a direction from this Court to the respondents 1 and 2 to consider such request.

4. I do not think that the petitioner can seek such relief, that too, by filing the writ petition seeking for consideration of such request. Therefore, I find that this writ petition is highly misconceived, as the petitioner cannot seek any right to use the Government Poromboke land and consequently, seek for a direction to the respondents 1 and 2 to consider such request. Accordingly, this writ petition is dismissed. Consequently, the contempt petition is also closed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mk

To 1.

The District Collector O/o. The District Collectorate Kancheepuram District Kancheepuram.

2.

The Executive Officer Kundrathur Town Panchayat Kundrathur Chennai-600 069.

Copy To 1.

The Sub Assistant Registrar, Original Side, High Court, Madras 2.

The Section Officer, Contempt Section, High Court, Madras +1cc to Mr.S.Kumara Devan, Advocate in sr.no.13341 +1cc to Government Pleader, in sr.no.13380 & 80501 W.P.Nos.31671 of 2014 and Contempt Petition No.740 of 2015 CS/28/02/18