Jayanthi Mala v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.4614 of 2023 Jayanthi Mala ... Petitioner -vs1.The District Collector District Collector Office Trichy, Trichy District 2.The Tahsildar Taluk Office (East) Trichy, Trichy District 3.The Authorised Officer Indian Overseas Bank Abhisekapuram Branch Kallukuzhi Main Road Mannarpuram Trichy District-620 020 4.M/s.Shree Venkateswara Engineering Works rep.by its proprietor Mr.T.V.Shanmugasundaram D-28, Developed Plots SIDCO Estate Thuvakkudi, Trichy District

5.Mukesh Kumar 6.D.Suresh Kumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari calling for the records relating to second respondent vide proceeding in Na.Ka.A4/4809/2022, dated 25.01.2023, quash the same. For Petitioner :

Mr.R.Sakthivel For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 & R2 Mr.R.Pandivel Standing Counsel for R3

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Prayer in this writ petition is as follows:

"For the reasons stated in the accompanying affidavit is prayed that this Hon'ble court may be pleased to issue a writ, order, or direction or any other writ in the nature of WRIT OF CERTIORARI, calling for the records relating to 2nd respondent vide proceeding in Na.Ka.A4/4809/2022, dated 25.01.2023, quash the same, and pass any other appropriate orders which may deem fit and proper in the nature and circumstance of the case herein and thus render justice."

2. A reading of the prayer shows that what is sought to be challenged is the proceedings of the Tahsildar, Trichy East Taluk, dated 25.01.2023. A perusal of the impugned order, namely, the proceedings dated 25.01.2023, shows that it is a consequence of the order of the District Collector,Trichirappalli District, dated 28.11.2022. The petitioner herself has challenged the order of the District Collector, dated 28.11.2022 in W.P.(MD) No.1960 of 2023 and the same was dismissed on the ground that she had filed another writ petition in W.P.(MD) No.28895 of 2022 challenging the very same order of the District Collector dated 28.11.2022. Once the basis, namely, the order of the District Collector, Trichirappalli, dated 28.11.2022, has been upheld by this Court, we do not think we can entertain this writ petition challenging the consequential order.

3. Hence, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[R.S.M., J.] [L.V.G., J.] 08.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, District Collector Office, Trichy, Trichy District.

2.The Tahsildar, Taluk Office (East), Trichy, Trichy District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) No.4614 of 2023 08.03.2023