S.Dilli Rajan v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.P.No.16797 of 2022 S.Dilli Rajan .. Petitioner Vs

1. The Secretary to the Government, Municipal Administration and Rural Development Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2. The Member Secretary (CMDA), Chennai Metropolitan Development Authority, Thalamuthu Natarajan House, 1, Gandhi Irwin Road, Ansari Estage, Egmore, Chennai-600 008.

3. The District Collector, Thiruvallur District, Tamil Nadu.

4. The Commissioner of Police, Avadi Police Commissionerate, Avadi, Chennai-600 054.

5. The District Revenue Officer (DRO), District Collectorate, Thiruvallur, Tamil Nadu.

6. The Revenue Divisional Officer (RDO), District Collectorate, Thiruvallur, Tamil Nadu.

7. The District Registrar (South Chennai), Integrated Building for Registration and Taxes Dept., Fanepet, Nandanam, Chennai-600 035.

8. The Block Development Officer (BDO), No.5, BDO Complex, near Taluk office, Poonamallee Trunk Road, Poonamallee, Chennai-600 056.

9. The Thasildar, Poonamallee Taluk, Trunk Road, Poonamallee, Chennai-600 056.

10. Sub Registrar SRO- Poonamallee, Chennai-600 056.

11. The Revenue Inspector (RI),

12. The Village Administrative Officer (VAO),

13. D.Durai Murugan, Village President - Vayalanallur Village Panchayat, 19, Vayalanallur Panchayat Office, Balvadi Street, Vayalanallur Village and Post,

14. The Inspector of Police, B7-Police Station, Vellavedu, Avadi Police Commissionerate.

.. Respondents Prayer :

Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1 to 12 to take action to dispose the petitioner representation dated 18.04.2022 to take appropriate action accordance with law. For the Petitioner : Mr.N.V.Yuvaraj

For the Respondents : Mr.J.Ravindran Addl. Advocate General assisted by Mr.A.Selvendran Spl. Government Pleader for respondent Nos.1, 3 to 7, 9 to 12 and 14

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition has been filed to seek a direction for consideration of the representation made by the petitioner to remove the encroachment made by Lakshmi Promoters.

2. The said Lakshmi Promoters has not been impleaded as party respondent in the writ petition. Though an effective order, if any, is to be passed, it would be against the said Lakshmi Promoters. Thus, the writ petition suffers from nonjoinder of necessary party and the petitioner was knowing about the alleged encroachment by Lakshmi Promoters, as stated in the representation itself.

3. Invariably, it is seen that writ petitions are filed without impleadment of those against whom an effective relief has been sought. In view of the above, the writ petitions are to be dismissed on account of non-joinder of necessary party and the present petition is also of the same nature.

4. Accordingly, the writ petition is dismissed. There will be no order as to costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar bbr To:

1. The Secretary to the Government, Municipal Administration and Rural Development Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan House, 1, Gandhi Irwin Road, Ansari Estage, Egmore, Chennai-600 008.

3. The District Collector, Thiruvallur District, Tamil Nadu.

4. The Commissioner of Police, Avadi Police Commissionerate, Avadi, Chennai-600 054.

5. The District Revenue Officer, District Collectorate, Thiruvallur, Tamil Nadu.

6. The Revenue Divisional Officer, District Collectorate, Thiruvallur, Tamil Nadu.

7. The District Registrar (South Chennai), Integrated Building for Registration and Taxes Dept., Fanepet, Nandanam, Chennai-600 035.

8. The Block Development Officer, No.5, BDO Complex, near Taluk office, Poonamallee Trunk Road, Poonamallee, Chennai-600 056.

9. The Thasildar, Poonamallee Taluk, Trunk Road, Poonamallee, Chennai-600 056.

10. Sub Registrar SRO- Poonamallee, Chennai-600 056.

11. The Revenue Inspector,

12. The Village Administrative Officer,

13. The Inspector of Police, B7-Police Station, Vellavedu, Avadi Police Commissionerate.

+1cc to Mr.N.V.Yuvaraj, Advocate, S.R.No.42374 +1cc to the Government Pleader, S.R.No.42889 W.P.No.16797 of 2022 PL(CO) CT/13/07/2022