C.Asaithambi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2019

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Writ Petition No.34566 of 2018 C.Asaithambi

...Petitioner

Vs 1.The District Collector, District Collector Office, Ariyalur.

2.Village Panchayat Secretary, Zameen. Mellur Village, Andimadam Taluk, Ariyalur District- 621803.

3.Pandiyan ... Respondents PRAYER Writ Petition filed under Article 226 of The Constitution of India, to issue any order or direction or particular issue a writ in the nature of Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 12.11.2018 and regarding the violation of the conditions of green house scheme by the 3rd respondent and to take appropriate action.

For Petitioner :

Mr.Pa.Sesubalan Raja For R1 & R2 :

Mrs.P.Rajalakshmi Additional Government Pleader

O R D E R

This Writ Petition has been filed to direct the 1st respondent to consider the petitioner's representation dated 12.11.2018 regarding the violation of the conditions of green house scheme by the 3rd respondent and to take appropriate action.

One Chinnammal, was the owner of the property for which, green house allotment was granted on 27.12.2011. She is the paternal grand mother of the petitioner and she is maternal grand mother of the third respondent. It appears that Chinnammal https://hcservices.ecourts.gov.in/hcservices/

had subsequently transfered the said property in favour of the third respondent.

It is the grievance of the learned counsel for the petitioner that such transfer was effected only owing to the fact that the third respondent was the Vice President of the Village Panchayat. This Court is not inclined to examine the said issue whether Chinnammmal transferred the property to the third respondent. With respect to the said property a suit in O.S.No.61 of 2019 is pending before the District Munsif, Jayankondam.

The petitioner has filed this present Writ Petition seeking direction to consider the representation dated 12.11.2018. It would not be appropriate to pass an order in this petition while O.S. No.61 of 2019 is pending before the District Munsif Court, Jayankondam and the Civil Court would be competent authority to decide the issue as between the petitioner and the third respondent.

In view of the above submissions I am not inclined to grant any order in this petition. Hence this Writ petition is dismissed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sbn To 1.The District Collector, District Collector Office, Ariyalur.

2.Village Panchayat Secretary, Zameen. Mellur Village, Andimadam Taluk, Ariyalur District- 621803.

+1cc to the Government Pleader Sr.101661 +1cc to Mr.N.C.Thirumalai Balaji, Advocate Sr.101296 Writ Petition No.34566 of 2018 rji[co] srg 21/02/2020 https://hcservices.ecourts.gov.in/hcservices/