N.Murugan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM N.Murugan ... Petitioner Vs.

1.The District Collector Salem District Salem.

2.The District Revenue Officer Salem District Salem.

3.The Revenue Divisional Officer Mettur Division Mettur 4.The Tahsildar Mettur 5.The Village Administrative Officer Pallipatti and Koonandiyur Villages

6.The Block Development Officer Mecheri 7.The President Koonandiyur Panchayat Koonandiyur Village and Post ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents not initiate any action for classification of S.No.107 until survey and measure the petitioner and the petitioner wife's land in S.No.108/3A1C and pass order on the petitioner objection dated 03.04.2023.

For Petitioner : Mr.K.Prabhakaran For R1 to R5 : Mr.S.Ravichandran Additional Government Pleader For R6 & R7 : Mr.K.Karthik Jaganath

O R D E R

The relief sought for in the present writ petition is direct the respondents not to initiate any action for classification of S.No.107 until survey and measure the petitioner and his wife's land in S.No.108/3A1C and pass order on the petitioner objection dated 03.04.2023.

2. The nature of relief sought for in the present writ petition is presumptive and therefore, the petitioner cannot be construed as an aggrieved person. Further, there is no cause aroused for the purpose of initiation of writ proceedings, since no reclassification has been done by the respondents.

3. The learned counsel for the petitioner states that civil litigations are pending, while so, no writ needs to be entertained in respect of grounds raised in the present writ petition. Since the petitioner has not established any cause for the purpose of entertaining the writ petition, the petitioner is at liberty to adjudicate the civil proceedings, which is already instituted.

4. It is brought to the notice of this Court that the petitioner has earlier filed a writ petition in W.P.No.8936 of 2023, seeking the same relief and the said writ petition was disposed of by granting liberty to the writ petitioner to redress his grievances in the manner known to law. Despite the fact that the petitioner had already filed a writ petition, again he has filed the present writ petition such a conduct of the petitioner is deprecated.

5. With these clarifications, this Writ Petition stands dismissed. No costs.

02.06.2023 Jeni Index : Yes Speaking order To 1.The District Collector Salem District Salem.

2.The District Revenue Officer Salem District Salem.

3.The Revenue Divisional Officer Mettur Division Mettur 4.The Tahsildar Mettur 5.The Village Administrative Officer Pallipatti and Koonandiyur Villages

6.The Block Development Officer Mecheri 7.The President Koonandiyur Panchayat Koonandiyur Village and Post

S.M.SUBRAMANIAM, J.

Jeni 02.06.2023