R.Venkatesan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2025 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN R.Venkatesan ..

Petitioner Vs.

1. The District Collector District Collector Office Tiruvallur District.

2. The Sub Collector District Collector Office Tiruvallur District.

3. The District Revenue Officer Revenue Divisional Office Tiruttani, Tiruvallur District.

4. The Chairman District Watershed Development Agency Tiruvallur District.

5. The Tahsildar Tiruttani Village Tiruvallur District.

6. The Village Administrative Officer

Mamandur Village Village Administrative Office Mamandur.

7. Star Life Energy Power Pvt. Ltd.

Rep. by his Director No.13, Bathrakaliamman Koil Street Tirupur North, Tiruppur 641 602.

..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing 1st to 6th respondents to stop the evacuation works of 7th respondent in the Survey No.188/82 in Mamandur Village, Arungulam Post, Tirutani Taluk and Tiruvallur District within a time frame fixed by this Court and take necessary appropriate steps and such further or order as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case.

For Petitioner :

Mr.M.Nambirajan For Respondents :

Mr.M.Habeeb Rahman Government Advocate for Respondents 1 to 6

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) We find in the affidavit in support of the petition, an advocate S.Esakkimuthu, MS.3118/2014 has signed under the words "before me". Mr.M.Nambirajan, who is appearing today, whose registration is MS.2474/2010 is the advocate on record.

2. The affidavit in the first set is scanned and re-produced below:

3. The affidavit in the second set is scanned and re-produced below:

4. Petitioner Venkatesan has not signed the affidavit. Counsel is unable to explain how the advocate S.Esakkimuthu signed attesting that the affiant signed before him. Therefore, it is a false declaration by the advocate S.Esakkimuthu. Counsel for petitioner also to take the blame.

5. A copy of this order be placed before the Bar Council of Tamil Nadu and Puducherry for necessary action against the advocate, though we will refrain from suggesting what action to be taken. The Bar Council will take action as it deems fit in accordance with law after following the due process.

6. In view of this, the petition has to be dismissed. First, we thought of imposing cost on petitioner. Since petitioner has not signed the affidavit, it is not clear whether such petitioner even exists. Therefore, it will not be proper on our part to impose cost on petitioner.

7. Petition is dismissed.

8. A copy of this order be sent to Bar Council of Tamil Nadu as well as Bar Council of India for information and necessary action. (K.R.SHRIRAM, CJ) (SUNDER MOHAN,J.) 19.06.2025 Index :

Yes/No :

Yes/No kpl To

1. The District Collector District Collector Office Tiruvallur District.

2. The Sub Collector District Collector Office Tiruvallur District.

3. The District Revenue Officer Revenue Divisional Office Tiruttani, Tiruvallur District.

4. The Chairman District Watershed Development Agency Tiruvallur District.

5. The Tahsildar Tiruttani Village Tiruvallur District.

6. The Village Administrative Officer Mamandur Village Village Administrative Office Mamandur.

7. Bar Council of Tamil Nadu & Puducherry High Court Campus Chennai.

8. Bar Council of India 21, Rouse Avenue Institutional Area Near Bal Bhawan New Delhi 110 002.

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN ,J.

(kpl) 19.06.2025