K.Meera Sha v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date: 23.07.2019
CORAM
THE HON'BLE MR. JUSTICE V.PARTHIBAN Writ Petition No.21565 of 2019 K.Meera Sha
...Petitioner
Vs.
1.The District Collector, Villupuram District.
2.The Sub Collector, Kallakurichi.
3.The Thasildar, Sankarapuram Taluk, Villupuram District.
4.The Deputy Thasildar, Sankarapuram.
5.The Head Surveyor, Sankarapuram Taluk Office, Villupuram District.
...Respondents
Writ Petition filed under Article 226 of Constitution of India, for issuance of writ of mandamus directing the first and second respondents to consider representation letter dated 01.04.2019 sent by the petitioner and further directing the 1st and 2nd respondents to take action against the 3rd respondent to 5th respondent under Tamil Nadu Civil Services (Discipline and Appeal) Rules, in accordance with law.
For Petitioner : Mr.S.Ramajayam For Respondents: Mr.J.Pothiraj, Spl.G.P.
ORDER
The writ petition has been filed for issuance of writ of a mandamus directing the first and second respondents to consider the petitioner's representation dated 01.04.2019 and further direct the 1st and 2nd respondents to take action against the 3rd to 5th respondent under Tamil Nadu Civil Services (Discipline and Appeal) Rules, in accordance with law.
2.According to the petitioner, respondents 3 to 5 have not discharged their duties properly in regard to issuance of patta, as they did not follow the directives of the Revenue Divisional Officer (RDO) in regard to issuance of patta to him and 5 others. According to the petitioner, in view of non-compliance of the RDO's directive, he had made representations on 11.07.2018 and 20.05.2019 to the second respondent to take action against the respondents 3 to 5. Since, no action was forthcoming, the petitioner is before this Court.
3.This Court is unable to see how such writ petition could be conceived and filed seeking intervention of this Court for such blanket direction to be issued to the second respondent to take action against respondents 3 to 5 herein. First of all, such direction to take action against the Officials of the Government cannot be given at the instance of a private party, as that would have very serious implication on the service career of the Officials concerned, particularly, such direction can never be considered to be issued on the basis of some self serving averments of the petitioner, who is a private individual and not connected with the Administration. In case, the petitioner has any grievance against the discharge of duties by respondents 3 to 5 herein, it is always open to him to pursue his complaint with the Officials concerned and this Court cannot be approached for issuing direction to take action against the so called erring Officials, in the perception of the petitioner.
4.For the above said reasons, this Court does not think that the writ petition can be entertained and hence, the same is dismissed. No costs.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar
msk/mrm To 1.The District Collector, Villupuram District.
2.The Sub Collector, Kallakurichi.
3.The Thasildar, Sankarapuram Taluk, Villupuram District.
4.The Deputy Thasildar, Sankarapuram.
5.The Head Surveyor, Sankarapuram Taluk Office, Villupuram District.
+1 cc to Government Pleader Sr.No. 62814 W.P.No.21565 of 2019 A.SK(05/09/2019)