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Madras High CourtWP/19959/2024dismissed

Lourduraimoon v. The District Revenue Officer

2024-07-24Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.19959 of 2024 and W.M.P.No.21856 of 2024 Lourduraimoon .. Petitioner

Versus

1.The District Revenue Officer Collectorate Office Nagapattinam District 2.Juliet Prabahakaran .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent herein to conduct an enquiry as per the enquiry notice dated 22.12.2023 in Na.Ka.No.13597-23-AA1 as expeditiously as per the petitioners representation dated 23.04.2024.

For Petitioner : Mr.M.Thamizhavel For Respondents : Mr.A.Selvendran for R1 Special Government Pleader

ORDER

This writ petition has been filed for a direction, directing the 1st 1/5

respondent herein to conduct an enquiry as per the enquiry notice dated 22.12.2023 in Na.Ka.No.13597-23-AA1 as expeditiously as per the petitioners representation dated 23.04.2024.

2. Heard both sides and perused the materials placed on record.

3. By consent of both parties, this writ petition is taken up for final disposal in the admission stage itself.

4. The very affidavit filed in support of this writ petition clearly indicate that the second respondent has already obtained a decree ad judgment in A.S.No.27 of 2022 in respect of the subject property particularly relating to the S.No.217/3C and second appeal in S.A.SR.No.42778/2024 is also pending. AT this stage, the writ petitioner has filed a writ petition seeking interim order in respect of the same subject property by impleading only the District Revenue Officer and second respondent which is nothing but novel way adopted by the writ petitioner. According to the writ petitioner, he is a third party to the above suit, the proper method for the petitioner is to implead himself in the pending suit and canvass his case not by way of giving a representation and creating cause of action.

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5. Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 24.07.2024 dhk Index : Yes/No Internet :Yes/No : Yes/No To The District Revenue Officer Collectorate Office Nagapattinam District 3/5

N. SATHISH KUMAR , J.

dhk W.P.No.19559 of 2024 24.07.2024 4/5

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