T.Ramakrishnan, S/O.Thangavelu v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.8414 of 2017 and W.M.P(MD)No.6414 of 2017 T.Ramakrishnan .. Petitioner Vs.

1.The Tahsildar, Aranthangi Taluk, Pudukkottai District.

2.Rahmadullah .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records pursuant to the impugned order of the first respondent dated 18.04.2017 in Na.Ka.No.2396/2017/A1 and quash the same.

For Petitioner : Mrs.Lakshmi Gopinathan for M/s.Polax Legal Solutions.

For Respondent No.1 : Mr.K.Guru, Additional 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 call for records relating to the notice dated 18.04.2017 issued by the first respondent in Na.Ka.No.2396/2017/A1 and quash the same, by way of issuing a writ of certiorari.

2.Mr.K.Guru, learned Additional Government Pleader, has taken notice for the first respondent.

3.The learned counsel appearing for the petitioner has contended to the effect that the petitioner has already given a representation, but without considering the same, the impugned notice dated 18.04.2017 has been issued and under the said circumstances, the present writ petition has been filed. https://hcservices.ecourts.gov.in/hcservices/

4.It is seen from the records that the present second respondent as petitioner has filed W.P(MD)No.3677 of 2017 on the file of this Court, wherein this Court has specifically directed the authorities to conduct proper survey in respect of Survey No.134/2 and if there is any encroachment directed to remove the same under due process of law within a period of two months. 5.Considering the fact that in W.P(MD)No.3677 of 2017, a proper order has been passed by this Court, this Court is of the view that the present writ petition is totally unwarranted and therefore the same is liable to be dismissed. 6.In fine, this writ petition is dismissed without costs. However the first respondent is directed to adhere the direction given in W.P(MD)No.3677 of 2017.

Consequently, connected Miscellaneous Petition is dismissed.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To The Tahsildar, Aranthangi Taluk, Pudukkottai District.

+1cc to M/S.Polax Legal Sourtions,SR.54906 +1cc to M/S.Special Government Pleader,SR.55390 W.P(MD)No.8414 of 2017 and W.M.P(MD)No.6414 of 2017 28.04.2017 SMN KK-MR-SAR4-05.05.2017-2P-4C https://hcservices.ecourts.gov.in/hcservices/