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Madras High CourtWA(MD)/224/2022dismissed

K.Soundararajan v. The Director

2022-03-14Honourable Mr Justice Paresh Upadhyay,Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and C.M.P.(MD) No.2149 of 2022 in WP(MD) No.16838 of 2021 K.Soundararajan .. Appellant/Petitioner Vs

1. The Director, Tamil Nadu Archiver, Egmore, Chennai - 600 008.

2. The Public Information Officer/The Deputy Commissioner of Archiver and Historical Research, Tamilnadu Archiver, Egmore, Chennai - 600 008.

3. The District Collector, Tenkasi District, Tenakasi.

.. Respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 27.01.2022 made in W.P.(MD) No.16838 of 2021.

Prayer in WP(MD). 16838/ 2021 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF MANDAMUS directing the respondents No.1 and 2 to give the certified copy of the documents namely old maps, FMB, land settlement records along with title deeds of the Sivagiri Zamin related properties on the basis of the petitioner's representation dated 28.03.2021, 19.07.2021 and 25.08.2021 within a time stipulated by this Honble Court. For Appellant : Mr.F.X.Eugine for Mr.P.R.Boomee Rajan For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader for R1 to R3 1/3

JUDGMENT

[Delivered by PARESH UPADHYAY, J.] Challenge in this appeal is made to the order dated 27 January 2022 recorded on W.P(MD) No. 16838 of 2021. The prayer of the appellant in the writ petition is as under:

"For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble court may be pleased to issue a Writ of Mandamus or any other appropriate, writ, order or direction in the nature of writ of mandamus directing the first and second respondents to give the certified copy of the documents namely old maps, FMB, land settlement records along with title deeds of the Sivagiri Zamin related properties on the basis of the petitioner's representation, dated 28.03.2021, 19.07.2021 and 25.08.2021 within a time stipulated by this Court."

2.

The argument on behalf of the appellant / writ petitioner takes him to the period about seventy years back. Such could not have been explored through Article 226 of the Constitution of India. Not entertaining such a petition by learned Single Judge can not be said to be erroneous in any manner. This appeal therefore needs to be dismissed.

3.

This appeal is dismissed. No costs. Consequently, connected miscellaneous petition would not survive.

Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) To

1. The Director, Tamil Nadu Archiver, Egmore, Chennai - 600 008.

2. The Public Information Officer/The Deputy Commissioner of Archiver and Historical Research, Tamilnadu Archiver, Egmore, Chennai - 600 008.

2/3

3. The District Collector, Tenkasi District, Tenakasi.

+1 CC to M/s.SPL GP ( SR-12516[F] dated 16/03/2022 ) 14.03.2022 SS/22.03.2022 : 3P/5C 3/3