Madras High CourtWP(MD)/16659/2023dismissed

Marirajan A v. The District Collector

2023-07-25Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)Nos.13922, 14211, 14826 of 2023 A.Marirajan ... Petitioner v.

1.The District Collector, Tenkasi District.

2.The District Revenue Officer, Tenkasi District.

3.The Revenue Divisional Officer, District Collectorate Campus, Tenkasi District.

4.The Tahsildar, Alankulam Taluk, Tenkasi District.

5.The Deputy Tahsildar, Alankulam Taluk, Tenkasi District.

6.The Taluk Deputy Surveyor, Alankulam Taluk, Tenkasi District.

... Respondents 1/4

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned report of the fifth respondent dated 30.01.2023 and quash the same and consequently, directing the sixth respondent to conduct re-survey in S.No.565/1 situated at Kazhuneerkulam Revenue Village, Alangulam Taluk, Tenkasi District. For Petitioner : Mr.A.B.Jeeva For Respondents : Mrs.D.Farjana Ghoushia, Special Government Pleader *****

ORDER

The petitioner has challenged the report of the Tahsildar dated 30.01.2023, in and by which, the Tahsildar has stated that there is no encroachment in S.No.565/1, Kazhuneerkulam Revenue Village, Alangulam Taluk, Tenkasi District.

2.It appears that the petitioner has already filed a writ petition before the Division Bench of this Court in WP(MD)No.11402 of 2023 for 2/4

removal of encroachments, wherein, the Thasildar has filed this report dated 30.01.2023. By recording this report, the Division Bench has disposed of the said writ petition.

3.Now, the petitioner has challenged the report of the Tahsildar dated 30.01.2023, which was filed before the Division Bench in WP(MD)No. 11402 of 2023, that it has been fraudulently filed by the Tahsildar by suppressing the real materials fact that there are encroachments in S.No. 565/1.

4.This Court is not inclined to entertain this writ petition. If the petitioner is having any grievance as against the report filed by the Thasildar before the Division Bench, the petitioner can work out his remedy by filing a review application before the Division Bench. Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Index :

Yes / No 25.07.2023 NCC :

Yes / No gk 3/4

B.PUGALENDHI, J.

gk To 1.The District Collector, Tenkasi District.