Madras High CourtWP(MD)/7069/2017dismissed

S.Chandran, v. The Collector,

2017-04-19Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.7069 of 2017 S.Chandran .. Petitioner Vs 1.The Collector, Collectorate Buildings, Madurai District, Madurai.

2.The District Revenue Officer, Collectorate Buildings, Madurai District, Madurai.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd Respondent to dispose the Application filed by the Petitioner dated 18.09.2015 which was taken on file in Na.Ka.No.G5/45503/2015 dated 20.11.2015 within a time frame as may be fixed by this Hon'ble Court.

For Petitioner : Mr.P.Jessi Jeeva Priya For Respondents : Mr.D.Muruganantham Additional Government Pleader

ORDER

The petitioner has approached this Court seeking a direction to the 2nd Respondent to dispose the Application filed by the Petitioner dated 18.09.2015 which was taken on file in Na.Ka.No.G5/45503/2015 dated 20.11.2015 within a time frame. 2.According to the petitioner, names of some of the third parties have been included in the patta in respect of the subject property. According to the petitioner, he came to know about the said fact only after the introduction of UDR Scheme. In such circumstances, the petitioner is said to have made a https://hcservices.ecourts.gov.in/hcservices/

representation to the respondents on 18.09.2015. According to him, in response to the representation enquiry was conducted on various dates and finally it was posted on 23.06.2017. Without waiting for the out come of the pending proceedings, the petitioner has approached this Court seeking a Writ of Mandamus, directing the second respondent to dispose of the Application filed by the petitioner dated 18.09.2015.

3.This Court is of the considered view that such a petition is not maintainable when an enquiry notice is issued to the petitioner and the enquiry scheduled to take place on 23.06.2017. It is open to the petitioner to participate in the enquiry as directed and he cannot in between seek remedy before this Court pending the said proceedings.

4.In such view of the matter, this Writ Petition is dismissed. There shall be no order as to costs.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1.The Collector, Collectorate Buildings, Madurai District, Madurai.

2.The District Revenue Officer, Collectorate Buildings, Madurai District, Madurai.

SJ TE/MR : 02/05/2017 : 2P/3C W.P(MD)No.7069 of 2017 19.04.2017 https://hcservices.ecourts.gov.in/hcservices/