Madras High CourtWP(MD)/6869/2017dismissed as withdrawal

M.Ramachandran v. The District Collector

2017-04-17Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 17.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.6869 of 2017 and W.M.P(MD)No.5431 of 2017 M.Ramachandran .. Petitioner Vs

1. The District Collector, Karur District, Karur.

2. The Tahsildar, Karur Taluk, Karur District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records relating to the impugned order issued by the second respondent in Na.Ka.No.A4/2051/2017, dated 5.4.2017 and to quash the same.

For Petitioner : M/s.S.Gokulraj For Respondents : Mr.D.Muruganandam Addl. Govt. Pleader

ORDER

The Petitioner has approached this Court seeking issuance of a Writ of Certiorari calling for the records relating to the impugned order issued by the second respondent in Na.Ka.No.A4/2051/2017, dated 05.04.2017 and to quash the same. 2.Mr.D.Muruganandam, learned Special Government Pleader takes notice for the respondents.

3.According to the Petitioner, the land in S.No.834/59 stands in the name of petitioner's father and it is classified as 'Natham Poramboke'. The petitioner had constructed a toilet under the financial assistance from the Government in the said survey number which is stated above. However, the second respondent issued a https://hcservices.ecourts.gov.in/hcservices/

notice which is impugned in this Writ Petition on 05.04.2017 directing the Petitioner to appear before him with all documents in order to prove his claim that the land in question is a 'Natham Poramboke'. The enquiry scheduled to be held on 21.04.2017. However, without submitting to the show-cause notice issued by the second respondent, the Petitioner has rushed to this Court for issuance of a Writ of Certiorari as stated supra. 4.In such circumstances, writ filed by the Petitioner is found to be not maintainable, as there is no cause of action to move this Court. It is always open to the petitioner to submit himself to the show-cause notice issued by the second respondent on 05.04.2017 and explain his stand before the authority concerned in support of his claim.

5.In view of the above, the Writ Petition is not maintainable and the same stands dismissed. Consequently, connected Miscellaneous petition is dismissed. No costs. Sd/- Assistant Registrar (C) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Karur District, Karur.

2. The Tahsildar, Karur Taluk, Karur District.

+ 1 CC TO Mr.S.GOKULRAJ, ADVOCATE IN SR No. 52149 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 52502 VSN TE/SKN : 03/05/2017 : 2P/5C W.P(MD)No.6869 of 2017 and W.M.P(MD)No.5431 of 2017 17.04.2017 https://hcservices.ecourts.gov.in/hcservices/