Kannan.K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN K.Kannan ... Petitioner Vs.

1.The District Collector, Madurai, Madurai District.

2.The Tahsildar, North Taluk, Madurai District.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to consider the Petitioners representation dated 15.03.2023 within the time frame fixed by this Honourable Court .

For Petitioner : M/s.C.Selvaraj Advocate.

For Respondents : Mr.N.Muthuvijayan Special Government Pleader 1/4

ORDER

The Writ Petition has been filed innocuously by the petitioner who claims that he holds the post of President of Kudiyiruppor Sangam and that there are 52 neighbours who are having the same grievance as expressed by the petitioner, namely for issuance of patta to their land.

2. The petitioner claims that the property in Old Survey No.12B, New Survey No.10/3, measuring 92 cents, was part of an area where a layout was formed and plot No.11 had originally belonged to one T.Alagappan and the petitioner had purchased the said plot from the said Alagappan by a sale deed dated 21.08.1988. The petitioner had been claiming patta along with others who were similarly purchased the plots.

3. The writ petition cannot be isolated from the relief sought by the other 52 individuals. The petitioner had been given an option to either include all of them as individual writ petitioners or to file separate writ petitions. He cannot file one single writ petition, to find what is the nature of order passed and as a test measure and then come forward by filing other writ petitions. This procedure cannot be appreciated by this Court. The isolated representation of 2/4

the petitioner cannot be considered, since the representation which is the basis for the filing of the writ petition is not only on behalf of the petitioner but also on behalf of all the 52 members.

4. Giving necessary liberty to the petitioner herein to file writ petition/ petitions in proper format, the present writ petition stands dismissed. It is made clear that this Court has not examined the representation given on merits, but had only dismissed the writ petition, since it appears to be an exercise to find out the nature of the order that would be passed and that exercise is not bonafide in nature. No costs.

20.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn To 1.The District Collector, Madurai, Madurai District. 2.The Tahsildar, North Taluk, Madurai District. 3/4

C.V.KARTHIKEYAN, J.

pnn

ORDER

IN WP(MD) No.9220 of 2023 20.06.2023 4/4