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Madras High CourtWP(MD)/13423/2023dismissed

Kumaresan.P v. The District Revenue Officer

2023-06-09Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN P.Kumaresan ... Petitioner Vs.

1.The District Revenue Officer Ramanathapuram, Ramanathapuram District.

2.The Tahsildar Taluk Office, Paramakudi, Ramanathapuram District.

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent 1/5

to dispose the petitioner's petition dated 18.01.2023 in proceeding No.B5-03082/23 on merits and in accordance with law. For Petitioner : Mr.S.Atham Ali For Respondents : Mr.N.Muthu Vijayan - for R1, R2 & R4 Special Government Pleader M/s.M.Anitha - for R3

O R D E R

The petitioner, P.Kumaresan, son of Late.Raman, had also filed W.P.(MD)No.10016 of 2023 which is now pending before the Division Bench and by an order, dated 26.04.2023, the Division Bench had ordered in Paragraph No.3 as follows :

"3. Post the matter in the second week of June 2023. In the meanwhile, status quo as existing today shall be maintained by the parties till then."

2. The present Writ Petition has been innocuously filed seeking consideration of a representation given to the District Revenue Officer, Ramanathapuram. The said official was not made a party before 2/5

the Division Bench. Both the matter before the Division Bench and this Writ Petition, relate to the very same property. The petitioner cannot approach two separate forums with respect to one property and seek a direction against some of the respondents therein and omitting one respondent, seeks a direction against the omitted respondent before this Court. A Mandamus cannot be issued.

3. Accordingly, the Writ petition stands dismissed. No costs. 09.06.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM 3/5

To 1.The District Revenue Officer Ramanathapuram, Ramanathapuram District.

2.The Tahsildar Taluk Office, Paramakudi, Ramanathapuram District.

4/5

C.V.KARTHIKEYAN, J.

RM 09.06.2023 5/5