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Madras High CourtWP/12962/2023disposed of

Chinnasamy v. The District Collector

2023-04-27Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.12962 of 2023 and W.M.P.No.12740 of 2023 Chinnasamy ..

Petitioner vs

1. The District Collector Office of the District Collectorate Dharmapuri District.

2. The Competent Authority cum DRO National Highway No.844 Dharmapuri.

3. The Special Tahsildar National Highway No.844 Dharmapuri.

4. The National Highways Authority of India Represented by its Project Director (NH 844) PIU - Krishnagiri 259/1, Salem Main Road Near KAKC Petrol Bunk Krishnagiri.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to revisit and revalue and fix the correct value for structures, trees and lands admeasuring 208 Sq.Mtrs in S.No.188/1B, 199Sq.Mtrs. In S.No.188/1E and 10 Sq.Mtrs in S.No.188/2A at Jittandahalli Village, Palacode Taluk, Dharmapuri District on the basis of the representation dated 20.03.2023 within a stipulated period of time.

For Petitioner :

Mr.S.Yudhish Padman For Respondents :

Mr.Abhishek Murthy Government Advocate

ORDER

The relief sought for in the present writ petition is to direct the second respondent to revisit and revalue and fix the correct value for structures, trees and lands admeasuring 208 Sq.Mtrs in S.No.188/1B, 199 Sq.Mtrs in S.No.188/1E and 10 Sq.Mtrs in S.No.188/2A at Jittandahalli Village, Palacode Taluk, Dharmapuri District on the basis of the representation dated 20.03.2023.

2. The very relief sought for in the present writ petition is misconceived. No such direction can be issued to the second respondent to revisit or revalue. If at all the authority has committed any mistake, error or irregularity, then the petitioner has to approach the competent appellate authority or forum concerned for the purpose of redressal of his grievances.

3. The High Court cannot direct the authority to revisit his own decision merely based on a representation. Such a direction, if issued,

would do no service to the cause of justice. Contrarily, the litigants will be back again to the High Court by filing another writ petition for adjudication. Therefore, this Court is of the considered opinion that the authorities, once decided the issues on merits and passed order, then, the aggrieved person has to prefer an appeal before the appellate authority.

4. This being the principles to be followed, the relief as such sought for in the present writ petition cannot be granted and the writ petitioner is at liberty to approach the competent forum for the purpose of redressing his grievances.

5. Accordingly, the writ petition stands disposed of. There will be no order as to costs. Consequently, the connected miscellaneous petition is closed.

Index : Yes/No 27.04.2023 drm

To:

1. The District Collector Office of the District Collectorate Dharmapuri District.

2. The Competent Authority cum DRO National Highway No.844 Dharmapuri.

3. The Special Tahsildar National Highway No.844 Dharmapuri.

4. The Project Director (NH 844) The National Highways Authority of India PIU - Krishnagiri 259/1, Salem Main Road Near KAKC Petrol Bunk Krishnagiri.

S.M. SUBRAMANIAM, J.

drm 27.04.2023