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Madras High CourtWP/18167/2023dismissed

V.Venkatesan v. The District Collector

2023-06-21Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.17364 of 2023 V.Venkatesan ... Petitioner Vs.

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai.

3. The Tahsildar, Thiruvannamalai District, Thiruvannamalai.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 20.04.2023 on the file of the respondents.

For Petitioner : Mr.E.Parthiban For Respondents : Mr.T.Arunkumar, Additional Government Pleader

O R D E R

The relief sought for in the present writ petition is to direct the respondents to consider the representation submitted by the petitioner on 20.04.2023.

2. A perusal of the representation dated 20.04.2023 reveals that the petitioner is in possession of a portion of land in S.No.127/5 and the said land is situated adjacent to the house of the petitioner. However, the petitioner has not even stated that the land belongs to him and produced any document to establish his title /ownership. Merely stating that the petitioner is in possession of the land in a particular survey number would be insufficient to issue a direction to consider the representation. The petitioner himself has stated that the subject land is a "Pettai Poromboke land".

3. That being the factum, issuing a direction to consider the representation would do no service to the cause of justice. The litigants will be back again to the High Court and therefore, such directions need not be

issued. Even for entertaining a writ petition, the petitioner has to establish his right. In the absence of any right, no relief needs to be granted.

4. In the present case, the petitioner has not established even a semblance of legal right and thus, this Court is not inclined to entertain this writ petition.

5. Accordingly, the writ petition in W.P.No.18167 of 2023 stands dismissed. Consequently, the connected miscellaneous petition is closed. No costs.

21.06.2023 skr Index : Yes Speaking order To

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai.

3. The Tahsildar, Thiruvannamalai District, Thiruvannamalai.

S.M.SUBRAMANIAM, J.

skr 21.06.2023