G.Arumuga Nainar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.8046 of 2017 G.Arumuaga Nainar .. Petitioner Vs.

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.

3. The Tahsildar, Ambasamudram Taluk, Tirunelveli District.

4. The Block Development Officer, Kadayam Panchayat Union, Tirunelveli District.

5. Sivachandra Kala

6. Kalaiselvan .. 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 first respondent to consider the petitioner's representation dated 26.12.2016 and to pass appropriate orders.

For Petitioner : Mr.V.Sasi Kumar For RR 1 to 3 : Mr.M.Govindan, Special Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This Writ Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 to 4 to consider the representation dated 26.12.2016 alleged to have been https://hcservices.ecourts.gov.in/hcservices/

given by the petitioner, by way of issuing a Writ of Mandamus. 2.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents 1 to 3. Considering the nature of the relief sought in the Writ Petition, notice need not be sent to the remaining respondents.

3.It is seen from the records that in a property which belongs to the sixth respondent, the fifth respondent is going to construct a building.

4.The main grievance expressed in the representation alleged to have been given by the petitioner is that if the building is allowed to be constructed, law and order problem would arise.

5.Considering the fact that the petitioner is not the owner of the property and also considering that the representation has been given only on the basis of apprehension, there is no cause of action for filing the present Writ Petition and altogether the same deserves to be dismissed.

6.In fine, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.

3. The Tahsildar, Ambasamudram Taluk, Tirunelveli District.

+ 1 CC TO Mr.V.SASIKUMAR, ADVOCATE IN SR No. 54755 PS TE/MR : 10/05/2017 : 2P/5C ORDER MADE IN W.P(MD)No.8046 of 2017 27.04.2017 https://hcservices.ecourts.gov.in/hcservices/