S.Palsamy v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2019
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR S.Palsamy ... Petitioner -Vs1.The Secretary, Adhi Dravidar and Tribal Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.
2.The District Collector, Theni District Collectorate, Theni District, Theni.
3.The District Revenue Officer, Theni District Collectorate, Theni, Theni District.
4.The Revenue Divisional Officer, Revenue Divisional Office, Periyakulam Post, 5.The District Registrar (Administration), District Registrar Office, Agraharam, Periyakulam, Theni District.
6.The Tahsildar, Andipatti Taluk Office, Andipatti Post, Theni District.
7.The Special Tahsildar, Adhi Dravidar and Tribunal Department, Near Theni Ulavar Sandhai, Theni, Theni District.
8.The Sub Registrar, Andipatti Sub Registrar Office, Andipatti Post, ... Respondents 1/4
Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 6th respondent to file a report pursuant to the direction given by the 4th respondent in his proceedings in Na.Ka.No.3051/2018/A7, dated 19.07.2018 so as to enable the 4th respondent to pass appropriate orders on merits and in accordance with law, based on the petitioner's representation dated 28.06.2018, 24.06.2019 within the time limit as fixed by this Court.
For Petitioner : Mr.K.Neelamegam For Respondents : Mr.M.Murugan Government Advocate
ORDER
The prayer in this writ petition is for a Writ of Mandamus, directing the 6th respondent to file a report pursuant to the direction given by the 4th respondent in his proceedings in Na.Ka.No.3051/2018/A7, dated 19.07.2018 so as to enable the 4th respondent to pass appropriate orders on merits and in accordance with law, based on the petitioner's representation dated 28.06.2018, 24.06.2019 within the time limit as fixed by this Court.
2.Heard Mr.K.Neelamegam, learned counsel appearing for the petitioner and Mr.M.Murugan, learned Government Advocate, appearing for the respondents.
3.With the consent of both sides, this writ petition is disposed of at the admission stage itself.
4.Today, the learned Government Advocate appearing for the respondent has produced a copy of the order passed by the fourth respondent in Na.Ka.3051/2018, dated 12.02.2019, whereby the plea of the petitioner some how or other seems to have been rejected. 5.However, the learned counsel for the petitioner would submit that no such order has been served on the petitioner. 6.In view of the same, the learned Government Advocate is requested to give a copy of the same to the learned counsel for the petitioner.
7.Once an order has been passed by the fourth respondent on the subject matter, question of granting any mandamus as has been sought for in this writ petition does not arise. Therefore, the prayer sought for herein cannot be granted.
8.Accordingly, this writ petition is dismissed. However, it is open to the petitioner, if he is otherwise aggrieved against 2/4
the order of the fourth respondent dated 12.02.2019 referred to above, to assail the same in the manner known to law. 9.With this observations this writ petition is dismissed. No costs.
Sd/- Assistant Registrar (AD II) // True Copy // Sub Assistant Registrar(CS) TM/Arul To 1.The Secretary, Adhi Dravidar and Tribal Welfare Department, Secretariat, Fort St. George, Chennai - 9.
2.The District Collector, Theni District Collectorate, Theni District, Theni.
3.The District Revenue Officer, Theni District Collectorate, Theni, Theni District.
4.The Revenue Divisional Officer, Revenue Divisional Office, Periyakulam Post, 5.The District Registrar (Administration), District Registrar Office, Agraharam, Periyakulam, Theni District.
6.The Tahsildar, Andipatti Taluk Office, Andipatti Post, Theni District.
7.The Special Tahsildar, Adhi Dravidar and Tribunal Department, Near Theni Ulavar Sandhai, Theni, Theni District.
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8.The Sub Registrar, Andipatti Sub Registrar Office, Andipatti Post, +1 CC to M/s.SPL GP ( SR-78879[F] dated 31/07/2019 ) +1 CC to M/s.K.NEELAMEGAM, Advocate ( SR-79022[F] dated 01/08/2019 ) Order made in Dated:
30.07.2019 KM/(16.10.2019) 4P 11C 4/4