← Library
Madras High CourtWP(MD)/13921/2022dismissed

Balasubramanian.S v. The District Collector

2022-07-01Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2022

CORAM

The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.VIJAYAKUMAR W.P.(MD)No.13921 of 2022 Balasubramanian .. Petitioner Vs.

1.The District Collector Sivaganga District Sivaganga.

2.The District Revenue Officer, Sivaganga.

3.The Revenue Divisional Officer, Devakottai Sivaganga District 4.The Tahsildar, Karaikudi Sivaganga District.

5.Chidambaram 6.Meyyappan 7.Lakshmanan 8.Saroja

9.Rakkayee .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus to direct the respondents 1 to 4 herein to consider the representation dated 17.12.2018 and to take appropriate action in the light of the board standing orders.

For Petitioner : Mr.R.Sundar Srinivasan For Respondents : Mr.SRA.Ramachandran Additional Government Pleader

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] Challenging the assignment of lands by the Government to respondent Nos.5 to 9, the petitioner gave a representation dated 17.12.2018 and has thereafter filed the present public interest litigation for a direction to the respondents 1 to 4 to dispose of his representation.

2. It is seen that the land in question belongs to the Government. The assignments have been done from 1961 to 1965. According to the learned counsel for the petitioner, though those assignments were made in 1960's,

however, that were not implemented. In the opinion of this Court, such assignments cannot be questioned by way of a public interest litigation. That apart, a mandamus can be issued only for the enforcement of a statutory duty and not otherwise. In such view of the matter, we do not find any merit in this petition. Accordingly, this petition is dismissed. No costs. (P.N.P.,J.) (R.V.,J.) 01.07.2022 Internet : Yes RR To 1.The District Collector Sivaganga District Sivaganga.

2.The District Revenue Officer, Sivaganga.

3.The Revenue Divisional Officer, Devakottai Sivaganga District 4.The Tahsildar, Karaikudi Sivaganga District.

P.N.PRAKASH,J.

and R.VIJAYAKUMAR, J.

RR W.P.(MD)No.13921 of 2022 01.07.2022