Madras High CourtWP(MD)/11009/2016dismissed

Dr.Abdul Kalam Illaignar v. The Secretary To Government

2016-09-09Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.11009 of 2016 and W.M.P(MD)No.8488 of 2016 Dr.Abdul Kalam Illaignar Munnetra Peravai, Rajapalayam, Rep. By its President K.Kathiresan ... Petitioner Vs.

1.The Secretary to Government, Revenue (va.ni 1(1) Department, St. George, Chennai - 600 009.

2.Fort Additional Chief Secretary Cum Commissioner for Revenue Administration, Cheapuk, Chennai-05.

3.The Collector, Virdhunagar District.

4.The Tahsildar, Vembakkottai Taluk, Virudhunagar District.

5.The Tahsildar, Rajapalayam Taluk, Virudhunagar District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st & 3rd respondents to consider the petitioner's representation, dated 03.06.2016 with regard to restoration of R.Reddiapatti and Mettur @ Sundarajapuram village in the 5th respondent Taluk.

For Petitioner : Mr.I.Murugesan For Respondents : Mr.K.P.Krishnadoss, Government Advocate

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for respondents.

2. The present Writ Petition has been filed by the petitioner seeking a direction to consider his representation, dated 03.06.2016 recording restoration of R.Reddiapatti and Mettur @ Sundarajapuram village in the 5th respondent Rajapalayam Taluk. 3.According to the petitioner, originally the petitioner's village in Rajapalayam Taluk. Thereafter, subsequent to re-formation of Sivakasi Taluk, Rajapalayam Taluk and Sattur Taluk, new Taluk namely Vembakottai Taluk was formed. Subsequent to that, the petitioner's village comes in Vembakottai Taluk. According to the petitioner, the villagers are not able to reach Vembakottai Taluk, since it is far away from their village. Therefore, a representation was made before the first respondent to retain their village in Rajapalayam Taluk itself.

4. The fourth respondent filed a counter affidavit stating that based on the demand by the general public, the Government reformed Sivakasi Taluk, Rajapalayam Taluk and Sattur Taluk and by G.O.Ms.No.321, dated 31.08.2015, new Taluk namely Vembakottai Taluk, has been established. The above G.O.Ms.No.321, dated 31.08.2015, has also been notified in Government Gazette on 25.05.2016.

5. Since already new Vembakottai Taluk has been formed and to that effect, notification has also been issued, if at all the petitioner is having any grievance, he can only challenge the said notification and he cannot seek for any Mandamus to consider their request for restoration of their village.

6. In view of the same, this Writ Petition deserves to be dismissed and accordingly, the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar pm To 1.The Secretary to Government, Revenue (va.ni 1(1) Department, St. George, Chennai - 600 009.

2.Fort Additional Chief Secretary Cum Commissioner for Revenue Administration, Cheapuk, Chennai-05.

3.The Collector, Virdhunagar District.

4.The Tahsildar, Vembakkottai Taluk, Virudhunagar District.

5.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

+1 cc to M/s. I.Murugesh,Advocate, Sr.No: 51222 JAM/SKS-RR/27.09.16 /3p-7c W.P(MD)No.11009 of 2016 and W.M.P(MD)No.8488 of 2016 09.09.2016