Adaikala Mary v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.950 & 951 of 2023 Adaikala Mary ... Petitioner Vs 1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, Thanjavur, Thanjavur District.

3.The Tahsildar, Thanjavur, Thanjavur District.

4.Victoria ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records pertain to the impugned proceedings vide Na.Ka.24461/2016 U(1) dated 12.07.2016 passed by the first respondent and quash the same as illegal. 1/4

For Petitioner : Mr.T.Indrachithu For Respondents : Mr.A.K.Manickkam Special Government Pleader for R.1 to R.3

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the official respondents. 2.The petitioner's son George Stephen got married to the fourth respondent. The fourth respondent has obtained an order of maintenance against the petitioner's son. The petitioner's son is presently missing. The first respondent has passed impugned order dated 12.07.2016 directing the attachment of the movable and the immovable properties of the George Stephen. The said order is under challenge.

3.As rightly pointed out by the learned Special Government Pleader, the impugned order clearly states that only the properties of George Stephen are proposed to be proceeded against. The petitioner cannot have any grievance over the terms of the impugned order. The petitioner has no locus standi to even question the same. The primary order has not been stayed or set aside. So long as the primary order is holding good, it can always be enforced. The petitioner can have grievance only if the authorities proceed against the 2/4

petitioner's property. So long as the authorities are proceeding only against the properties of George Stephen, the petitioner cannot have any legal grievance. 4.With this observation and clarification, this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

19.01.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, Thanjavur, Thanjavur District.

3.The Tahsildar, Thanjavur, Thanjavur District.

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G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)Nos.950 & 951 of 2023 19.01.2023 4/4