Madurai Farooq Ahmed v. The Principal Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.19927 of 2021 Madurai Farooq Ahmed

...Petitioner

-vs1. The Principal Commissioner Tamil Nadu Municipal Administration and Water Supply Department Ezhilagam Annex 6th Floor, Chepauk Chennai 600 005.

2. The Commissioner Vaniyambadi Municipality Vaniyambadi - 635 752.

3. M.Noorul Ameen

4. Syed Ameen Ahmed

5. T.Abdul Waheed

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd respondent to take back the leased property located at Patel Yacoob Street, Fort Vaniyambadi by cancelling the lease agreement dated 10.12.2015 and consequently direct the 1st respondent to take appropriate action against respondent 3 to 5 for their irregularities and misappropriation while in leasing the said property causing huge wrongful loss of Rs.1,60,95,785.00 to the Government exchequer and recover the same from them.

For the Petitioner : Mr.B.Ram Prasath For the Respondents : Mr.P.Muthukumar State Government Pleader - for R1&R2 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner seems to have an axe to grind against the private respondents and complains of the perceived irregularity in the consideration for leasing out of land to the private respondents. According to the petitioner, the State exchequer may have lost in excess of Rs.1.60 crore in course of the transaction.

2. Matters of the present kind cannot, ordinarily, be looked into or received by this court in exercise of its extraordinary jurisdiction. In the event the petitioner has any genuine grievance, the petitioner should approach the second respondent Commissioner and pursue the matter thereupon in accordance with law. The petitioner cannot directly approach this court without previously approaching an authority in respect of the matters complained of.

3. W.P.No.19927 of 2021 is not entertained and the merits of the petitioner's allegations are not gone into. It will be open to the petitioner to approach the second respondent or any other appropriate official in respect of the matters complained of upon cogent grounds being indicated. There will be no order as to costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sra/kst To:

1. The Principal Commissioner, Tamil Nadu Municipal Administration and Water Supply Department, Ezhilagam Annex 6th Floor, Chepauk Chennai 600 005.

2. The Commissioner, Vaniyambadi Municipality Vaniyambadi - 635 752.

+1cc to Mr.B.Ram Prasath, Advocate, S.R.No.47740 W.P.No.19927 of 2021 SRA(CO) RGA(27/09/2021) https://hcservices.ecourts.gov.in/hcservices/