P.Kandasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2020 CORAM :

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.No.16940 of 2020 P.Kandasamy ... Petitioner -Vs1.The District Collector, Namakkal District, Collectorate Road, Namakkal 637 001.

2.The Tahsildar, Thiruchengode (TK), Namakkal District.

3.The Village Administrative Officer, Chikkanaickenpalayam Village, Thiruchengode (TK), Namakkal (DT).

4.The Sub-Registrar, Pallipalayam, Namakkal (DT).

5.Rajendiran ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first respondent to consider the representation of the petitioner dated 16.09.2020.

For Petitioner : Mr.B.S.Manikandan For Respondents : Mr.J.Pothiraj, SGP for R1 to R4

O R D E R

This writ petition has been filed to direct the first respondent to consider the representation of the petitioner dated 16.09.2020.

2. The case of the petitioner is that the third respondent in collusion with the fifth respondent, has caused mutation in the FMB map of the petitioner's land in Survey No.8/1B and illegally subdivided the property without following due process of law. In this regard, the petitioner

appears to have filed an objection petition on 11.09.2020 to the fourth respondent and the same was also registered as document No.5 of 2020. The objection petition was also followed by the petitioner's representation to the first respondent dated 16.09.2020, questioning the illegal sub division done by the third respondent and requesting for departmental enquiry against him. As there was no reply from the first respondent, the petitioner is before this Court seeking direction to dispose of his representation dated 16.09.2020.

3. This Court is not inclined to entertain this writ petition for the simply reason that in a dispute of this nature when a personal score is sought to be settled as between the petitioner and the respondents 3 and 5, the extraordinary constitutional jurisdiction of this Court is not be made available for resolving certain personal agenda.

4. In case, the petitioner has any genuine complaint against the discharge of duty by the officials, it is always open to him to make his complaint in the manner known to law, but certainly, it is not open to him to drag this Court to the personal fight of the petitioner with the other respondents. The constitutional jurisdiction of this Court is not meant to be used and misused by such individuals for settling their personal grudge against one another.

5. In view of the above discussion, this writ petition is dismissed as being without merits. No costs. Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar gsk To 1.The District Collector, Namakkal District, Collectorate Road, Namakkal 637 001.

2.The Tahsildar, Thiruchengode (TK), Namakkal District.

3.The Village Administrative Officer, Chikkanaickenpalayam Village, Thiruchengode (TK), Namakkal (DT).

4.The Sub-Registrar, Pallipalayam, Namakkal (DT).

+1cc to Mr.B.S.Manikandan, Advocate, S.R.No. 39695 +1cc to the Government Pleader, S.R.No.40088 W.P.No.16940 of 2020 NMI(CO) GN(18/01/2021)