Madras High CourtWP(MD)/3776/2025disposed of

A.Palanivelrajan v. The Tahsildar

2025-02-13Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI A.Palanivelrajan ... Petitioner Vs

1. The Tahsildar, Palani Taluk, Dindigul District.

2. Velathal ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 12.12.2024 and also not interfere in the petitioners property in Survey Nos. 53/1, 53/3, 54/6A and 54/6C, Situated in Thalaiyoothu Village, Palani Taluk, Dindigul District vide patta No.4199 and 643 within the period stipulated by this Court. For Petitioner : Ms.A.Charumathi For Respondents : Mr.B.Saravanan (R1) Additional Government Pleader 1/4

ORDER

The petitioner seeks issuance of a writ of Mandamus to direct the first respondent to consider his representation, dated 12.12.2024 and also not to interfere with the petitioner's property. 2.Insofar as the prayer with regard to not to interfere with the petitioner's property, such relief cannot be granted under Article 226 of Constitution of India.

3.It is submitted by the learned Additional Government Pleader that on the representation of the 2nd respondent, 1st respondent is conducting enquiry and notice was also issued for appearance of the petitioner. He further submitted that the enquiry was fixed on 12.12.2024, on which date the petitioner was appeared in person and sought time for producing documents. However, without producing the documents, the petitioner has rushed to Court and filed this writ petition. 4.The proceedings are only at the enquiry stage. I see no justifiable reason either to interfere or set aside the enquiry notice. The 2/4

petitioner is always at liberty to participate in the enquiry and furnish all documents in support of his contention and thereafter, the first respondent shall pass orders based on the claim of the petitioner and the 2nd respondent on its own merits and in accordance with law, within a period of twelve weeks from the date of receipt of copy of this order. 5.In the above terms, this writ petition stands disposed of. No costs.

13.02.2025 Index : Yes / No NCC : Yes / No PNM TO:-

1. The Tahsildar, Palani Taluk, Dindigul District.

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P.B. BALAJI , J.

PNM ORDER IN 13.02.2025 4/4