Selvi.M v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Fifth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN IN WP(MD) No.3417 of 2022 WMP(MD).6571/2023:
M.SELVI ... PETITIONER/PETITIONER Vs 1 THE DISTRICT COLLECTOR COLLECTORATE, TIRUNELVELI DISTRICT.
2 THE MANAGER HOUSING DEVELOPMENT FINANCE CORPORATION LTD., NO.75, 1ST FLOOR 5/A, RAJA TOWERS, OPP. TO PALAI BUS STAND, PALAYAMKOTTAI, TIRUNELVELI DISTRICT ... RESPONDENTS/RESPONDENTS 3 P.VEERAMANI ... RESPONDENT/PROPOSED RESPONDENT 3 WP(MD).3417/2022:
M.SELVI ... PETITIONER Vs (*)R1 IS DELETED (*)R1 IS DELETED AND R2 AND R3 RANK REARRANGED AS R1 AND R2 VIDE COURT ORDER DATED 05.06.2023.
1 THE MANAGER HOUSING DEVELOPMENT FINANCE CORPORATION LTD., NO.75, 1ST FLOOR 5/A, RAJA TOWERS, OPP. TO PALAI BUS STAND, PALAYAMKOTTAI, TIRUNELVELI DISTRICT - 627 002 1/3
(**)2 P.VEERAMANI S/O.PERUMAL, DOOR NO.25, SANKARANARAYANAM, TIRUNELVELI TOWN, TIRUNELVELI DISTRICT.
(**)R2 IMPLEADED VIDE COURT COURT ORDER DATED 05.06.2023 IN WMP(MD).6571/2023 IN WP (MD).3417/2022 Prayer in WMP(MD).6571/2023:
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to implead the proposed Respondent No.3 as Respondent No.3 in the instant Writ petition in W.P.(MD) No.3417 of 2022 and thus render justice.
Prayer in WP(MD). 3417/ 2022 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of mandamus directing the respondent No.1 to take appropriate steps based on the representation dated 05.02.2022 made by the petitioner within time stipulated by this Honourable Court.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. PINAYGASH. I, Advocate for the petitioner in both Petitions and of Special Government Pleader on behalf of the 1st Respondent in WMP(MD).6571/2023, the court made the following order:- It is stated by the learned Special Government Pleader that the first respondent / District Collector is not a necessary party in the writ petition.
2. The writ petition has been filed in the nature of Mandamus seeking a direction to the first respondent to take necessary steps on the basis of the representation dated 05.02.2022, given by the petitioner herein. However, the entire issue appears to be a lis between the petitioner on the one hand and the 2nd respondent on the other hand. The writ petitioner had also filed W.M.P.(MD)No.6571 of 2023, to implead P.Veeramani as a further respondent in the writ petition. The learned counsel states that the issues can be examined through mediation.
3. However, the first respondent is not a necessary party. In view of that particular fact, the first respondent is deleted and the proposed respondent in W.M.P.(MD)No.6571 of 2023, P.Veeramani is added as a further respondent in the writ petition.
4. Registry to carry out necessary correction, issue fresh Court notice to the rearranged first respondent, Housing Development Finance Corporation, returnable by 12.07.2023. 2/3
5. It is stated by the learned counsel for the petitioner that the issues can be examined in Mediation process also. List the matter on 12.07.2023.
sd/- 05/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN TO THE DISTRICT COLLECTOR COLLECTORATE, TIRUNELVELI DISTRICT.
ORDER
IN IN WP(MD) No.3417 of 2022 Date :05/06/2023 SA/SSS/SAR. /08.06.2023/3P/2C 3/3