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Madras High CourtWP/17178/2020dismissed

J.Sharmilabanu v. The District

2020-12-11Honourable Mr Justice V. Parthiban3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2020 CORAM :

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.No.17178 of 2020 J.Sharmilabanu ... Petitioner -Vs1.The District Collector, Palladam Road, Tiruppur 641 601, Tiruppur District.

2.The Sub Collector, Kumaran Road, Tiruppur, Tiruppur District.

3.The Superintending Engineer, General Construction Circle, Tamil Nadu Transmission Corporation, No.182-Doctor Subbarayan Salai, Tatabad, Coimbatore 641 012.

4.Vivekanandan The Tahsildar, Avinashi, Tiruppur District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of order dated 01.11.2018 vide proceedings in O.M.957/2018/A3 on the file of the second respondent and quash the same and to direct the first respondent to take a disciplinary action against the fourth respondent.

For Petitioner : Mr.K.Myilsamy For Respondents : Mr.D.Venkatesan, GA for R1 & R2

O R D E R

This writ petition has been filed to call for the records of the order dated 01.11.2018 vide proceedings in O.M.957/2018/A3, on the file of the second respondent and quash the same and to direct the first respondent to take a disciplinary action against the fourth respondent.

2. The grievance of the petitioner herein is that the fourth respondent is attempting to falsifying the records, detrimental to the petitioner's interest. The petitioner has given a complaint against the fourth respondent to the higher officials. Since no action was taken against him, the petitioner is before this Court.

3. In the affidavit filed in support of this writ petition, the petitioner has stated about certain transactions which involving the fourth respondent, in his official capacity. The dispute between the petitioner and the fourth respondent is in regard to erection of High Tension Tower in the petitioner's land by falsifying the village records. The petitioner appears to have given representation to take action against the fourth respondent. Since it did not evoke any response, she is before this Court.

4. From the above narrative, it could be seen that the dispute between the petitioner and the fourth respondent has been projected before this Court in the writ jurisdiction. This Court's jurisdiction is not available for settlement of private scores or dispute as between the petitioner and the fourth respondent. Such writ petitions are always motivated and intended to achieve a collateral purpose than what is actually disclosed in the affidavit.

5. The jurisdiction of this Court cannot be misused to obtain a seemingly innocuous direction and to maliciously use the direction for securing personal ends. Such writ petitions are not to be entertained even for a second and liable to be dismissed.

6. In view of the same, this writ petition stands dismissed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gsk To 1.The District Collector, Palladam Road, Tiruppur 641 601, Tiruppur District.

2.The Sub Collector, Kumaran Road, Tiruppur, Tiruppur District.

3.The Superintending Engineer, General Construction Circle, Tamil Nadu Transmission Corporation, No.182-Doctor Subbarayan Salai, Tatabad, Coimbatore 641 012.

+1cc to Mr.K.Myilsamy , Advocate SR.No. 40758 +1 cc to Government Pleader Sr.No. 40689 W.P.No.17178 of 2020 A.SK(18.01.2021)