Mahalyammn,Mariyamman And Vinayakar Temples v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and W.M.P.No.16378 of 2024 Mahalyamman, Mariyamman and Vinayakar Temples Patramangalam Hamlet of Donagoundenpalayam Represented by its Dharmakartha P.R.Nadaraj S/o.Ramasamygounder 3/95, Pattaramangalam Sathyamangalam Taluk Erode District - 638 451 .. Petitioner

Versus

1.The District Collector Erode, Erode District 2.The Revenue Divisional Officer Gobichettypalayam Erode District 3.The Tahsildar Sathyamangalam Taluk Sathyamangalam, Erode District .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records to the impugned communication in Tha.Pe.U.Cha.Pa.Mu.No.8513/2023/A4 dated 15.03.2024 passed by the 3rd respondent and quash the same and consequentially direct the respondents to issue patta in the name of petitioner's temples in respect of Survey No.575/2 in Pudupeerkadavu Village in Sathyamangalam Taluk, Erode District.

For Petitioner : Mr.J.Titus Knock 1/4

For Respondents : Mr.P.Sathish Additional Government Pleader

ORDER

This writ petition is filed challenging the communication in Tha.Pe.U.Cha.Pa.Mu.No.8513/2023/A4 dated 15.03.2024 passed by the 3rd respondent and quash the same and consequentially direct the respondents to issue patta in the name of petitioner's temples in respect of Survey No.575/2 in Pudupeerkadavu Village in Sathyamangalam Taluk, Erode District. .

2. The main grievance of the writ petitioner is that he has already filed a writ petition seeking a direction to the respondents to consider the representation for issuance of patt in W.P.No.22542 of 2023. This Court, by Order dated 22.08.2023 directed the respondent authorities to consider the representation. However, no order is passed. When he sought for information under RTI Act, it is informed that no order has been passed in view of the law and order problem. Therefore, the petitioner by way of this writ petition challenges the information provided under the RTI Act.

3. Heard both sides and perused the materials available on record.

4. By consent of both parties, this writ petition is taken up for final 2/4

disposal at the admission stage itself.

5. At the outset, this Court is of the view mere information furnished under the RTI Act cannot be put into challenge by invoking Article 226 of the Constitution of India. If at all the petitioner has a grievance that the order has not been passed in pursuant to the direction of this Court in earlier writ petition, the remedy of the petitioner is to file appropriate contempt petition not by filing another writ petition that too challenging the information provided under the RTI Act. Such view of the matter, I do not find any merits in the case.

6. With the above, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 12.06.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No N. SATHISH KUMAR , J.

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dhk To 1.The District Collector Erode, Erode District 2.The Revenue Divisional Officer Gobichettypalayam Erode District 3.The Tahsildar Sathyamangalam Taluk Sathyamangalam, Erode District W.P.No.15069 of 2024 12.06.2024 4/4