R.Natesan v. The Principal District Judge

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K. RAJASEKAR and W.M.P.No.9549 of 2023 R.Natesan ... Petitioner Vs.

1.The Principal District Judge, Principal District Court, Salem.

2.The Hon'ble District Munsif, Sankari.

3.V.Chandran Process Server, District Munsif Court, Sankari.

4.The Tahsildar, Sankari,

5.The Village Administrative Officer, A Thazhaiyur Village, Sankari Taluk, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the orders passed by the respondents 1 and 4 dated 31.12.2021 and 10.02.2022 in Na.Ka.No.397/2022/P and quash the same, consequentially issue direction directing the respondents 1 and 4 to conduct de nova enquiry in the petitioner's complaint. For Petitioner :

Ms.R.A.Monalisha For R1 and R2 :

Mr.M.Kempraj For R3 :

Mr.M.Chandru For R4 and R5 :

Mrs.P.Raja Rajeswari Government Advocate

O R D E R

(Order of the Court was made by S.M. SUBRAMANIAM, J.) The order dated 31.12.2021 issued by the Principal District Judge, Salem, and the order dated 10.02.2022 issued by the Tahsildar, Sankari, Salem District, are sought to be quashed in the present writ petition.

2.The grievance of the petitioner is that the procedure as contemplated under the Code of Civil Procedure, i.e., Order I Rule 8 CPC had not been followed while effecting public notice. However, the learned Principal District Judge verified the records and found that the procedure as contemplated under the Code of Civil Procedure had been followed. If at all any grievance exists for the petitioner, she has to approach the appropriate Court where the civil litigations are pending. Thus, the relief as such sought for in the present writ petition deserves no merit consideration. Consequently, this writ petition stands dismissed. No costs. Connected miscellaneous petition is closed.

(S.M.S., J.) (K.R.S., J.) 05.03.2024 mkn Internet : Yes Index : Yes / No Speaking order : Yes / No

To 1.The Principal District Judge, Principal District Court, Salem.

2.The District Munsif, Sankari.

3.The Tahsildar, Sankari, 4.The Village Administrative Officer, A Thazhaiyur Village, Sankari Taluk,

S.M. SUBRAMANIAM , J.

and K. RAJASEKAR, J.

mkn 05.03.2024