Madras High CourtWP(MD)/937/2021disposed of

Athmanathan.S v. The District Collector

2023-10-10Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.937 of 2021 S.Athumanathan

...Petitioner

/Vs./ 1.The District Collector, O/o. The District Collector, Pudukottai District.

2.The District Revenue Officer, Pudukottai, Pudukottai District.

3.The Revenue Divisional Officer, Aranthangi, Pudukottai District.

4.The Block Development Officer (Panchayats), Aranthangi, Pudukottai District.

5.The Deputy Block Development Officer (Planning), Panchayat Union, Aranthangi, Pudukottai District.

6.The President, Village Panchayat, Mannakudi, Pudukottai District.

1/4

7.C.Subbiah 8.C.Vallimuthu 9.Dhanapal 10.Muthumanickam .

...Respondents

PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioenr's representation dated 24.12.2020 for instituting appropriate legal actions against the above named 7th to 9th Respondents. For Petitioner : Mr.B.N.Raja Mohamed For Respondents : Ms.D.Farjana Ghoushia (R1 to R6) Special Government Pleader

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the first respondent to consider the representation made by the petitioner dated 24.12.2020 and to take legal action against the respondents 7 to 9.

2. This Court carefully went through the affidavit filed in support of this petition. There is not even a single word in the affidavit with regard to the locus standi of the petitioner to file this writ petition and nowhere the petitioner has 2/4

stated as to in what capacity he is seeking for questioning the approval granted in favour of the 10th respondent to construct a house. The entire writ petition has been filed based on the information, which has been received by the petitioner under the Right to Information Act, 2005.

3. For the maintainability of the writ petition, the petitioner has to necessarily establish the locus standi and the actual grievance of the petitioner and that is completely absent in the affidavit that has been filed in support of the writ petition. On this ground alone, the present writ petition is liable to the dismissed by this Court. Accordingly, this writ petition stands dismissed. No costs.

10.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm TO:- 1.The District Collector, O/o. The District Collector, Pudukottai District.

2.The District Revenue Officer, Pudukottai, Pudukottai District.

3.The Revenue Divisional Officer, Aranthangi, Pudukottai District.

3/4

N.ANAND VENKATESH, J.

sm 4.The Block Development Officer (Panchayats), Aranthangi, Pudukottai District.

5.The Deputy Block Development Officer (Planning), Panchayat Union, Aranthangi, Pudukottai District.

6.The President, Village Panchayat, Mannakudi, Pudukottai District.

Order made in W.P.(MD)No.937 of 2021 Dated:

10.10.2023 4/4