P.Balakrishnan v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.33739 of 2015 P.Balakrishnan .. Petitioner Vs.

1.The District Collector, Office of District Collector, Tiruppur District.

2.The Revenue Divisional Officer, Dharapuram, Tirupur District.

3.The Tahsildar, Dharapuram Taluk, Tirupur District.

4.Assistant Chief Engineer, Public Works Department, Coimbatore Zone, Coimbatore-1.

5.Assistant Director of Agriculture, Agriculture Block Development Centre, Dharapuram, Tirupur District.

6.Vanitha, Village Administrative Officer, Alangiyam, Dharapuram Taluk.

7.Ramasamy, Assistant to VAO., Alangiyam, Dharapuram Taluk.

8.Eswara Murthy .. Respondents The writ petition is filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus, directing the first respondent herein to punish the

6th and 7th respondents for having given a false certificate in favour of the 8th respondent that he is the owner of 60 cents of the land in Alangiyam village and also the third respondent, who has given a false patta to the 8th respondent, as if he is owning land in Alangiyam village as per the Tamil Nadu Agriculturists Irrigations Form Act of 2000 (Tamil Nadu Act 7/2001) and meanwhile declare the election held on 26.7.2014 for Alangiyam Amaravathy Canal Irrigation Assembly Election as null and void.

For Petitioner : Mr.A.K.Sridharan For Respondents: Mr.P.Karthikeyan, G.A. for RR1 to 5 Mr.C.Prakasam for R-8 No appearance for RR6 and 7

ORDER

This writ petition has been filed, praying that this court may be pleased to issue a direction to the first respondent to punish respondents 6 and 7, for having given a false certificate in favour of the 8th respondent, stating that he is the owner of 60 cents of the land, in Alangiyam village and to punish the third respondent for having given a false patta to the 8th respondent and to declare the election held, on 26.7.2014, for Alangiyam Amaravathy Canal Irrigation Assembly election, as null and void.

Even though the petitioner has raised various grounds in the writ petition, in support of the reliefs prayed for by him, this Court is of the considered view that the reliefs prayed for by the petitioner in the writ petition, are omnibus in nature. Further, the petitioner has filed the present writ petition before this Court to declare the election, held on 26.7.2014, for Alangiyam Amaravathy Canal Irrigation Assembly, as null and void, without challenging the said election. Even otherwise, it is not open to the petitioner to seek such reliefs, before this Court, by filing a writ petition, seeking for a Writ of Mandamus.

Therefore, this court is of the view that the writ petition is devoid of merits and, as such, it is liable to be dismissed. Accordingly, the writ petition stands dismissed. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar

To 1.The District Collector, Office of District Collector, Tiruppur District.

2.The Revenue Divisional Officer, Dharapuram, Tirupur District.

3.The Tahsildar, Dharapuram Taluk, Tirupur District.

4.Assistant Chief Engineer, Public Works Department, Coimbatore Zone, Coimbatore-1.

5.Assistant Director of Agriculture, Agriculture Block Development Centre, Dharapuram, Tirupur District.

+1cc to Mr.C.Prakasam, Advocate Sr.35087 +1cc to Mr.A.K.Sridharan, Advocate SR.35254 +1cc to the Government Pleader Sr.34935 W.P.No.33739 of 2015 rsy[co] srg 12/07/2016