Natarajan v. The Land Administrative Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.No.13550 of 2023 Natarajan

...Petitioner

-Vs1. The Land Administrative Commissioner, Ezhilagam, Chennai.

2. The District Collector, Thirupathur District, Thirupathur

3. The District Revenue Officer, Thirupathur District, Thirupathur

4. The Revenue Divisional Officer, Thirupathur District, Thirupathur

5. The Tahsildar, Thirupathur Taluk, Thirupathur District

6. Mohan

...Respondents

1/5

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the Respondents 3 and 4 herein to disposal of the petitioners Appeal dated 20.03.2023 with regard to patta issued in favour of the 6th respondent herein. For Petitioner : Mr.R.Ramesh For Respondents :

(for R1 to R5) : Mr.S.Ravichandran, AGP

O R D E R

The relief sought in the present writ petition is to direct the respondents 3 and 4 to dispose of the appeal dated 20.03.2023. 2.The appeal dated 20.03.2023 sent by the petitioner reveals that the Tahsildar, Thirupathur, has issued a notice on 16.03.2023 without following the procedures.

3.Such representations without establishing the right cannot be entertained by the High Court in a writ proceeding. The representations establishing right alone is to be considered for the purpose of entertaining a writ petition. Mere notice sent by the Tahsildar cannot be construed as a 2/5

grievance for filing a writ petition and the petitioner has to participate in the process of inquiry and defend his case in the manner known to law. If at all, the Tahsildar, Thirupathur has already issued notice to the parties, then an inquiry is to be conducted by following the procedures as contemplated. 4.Thus, the petitioner has not established any cause for the purpose of entertaining this writ petition nor has established semblance of right. Thus, the writ petition is untenable and stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (sha) 28.04.2023 Index : Yes Speaking Order To 3/5

1. The Land Administrative Commissioner, Ezhilagam, Chennai

2. The District Collector, Thirupathur District, Thirupathur

3. The District Revenue Officer, Thirupathur District, Thirupathur

4. The Revenue Divisional Officer, Thirupathur District, Thirupathur

5. The Tahsildar, Thirupathur Taluk, Thirupathur District 4/5

S.M.SUBRAMANIAM . J., (sha) 28.04.2023 5/5