Madras High CourtWP(MD)/24005/2016dismissed

V.Narayanasamy, v. The Thasildar,

2016-12-15Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 15.12.2016

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.24005 of 2016 V.Narayanasamy .. Petitioner Vs

1. The Tahsildar, Vempakottai Taluk, Virudhunagar District.

2. Sajeevi Lakshmi

3. Subbulakshmi

4. Jothilakshmi

5. Chandrasekaran .. 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 pertaining to the proceedings of the first respondent bearing Na.Ka.Aa.No.1/1284/2016, dated 17.11.2016 and to quash the same as mala-fide, arbitrary and illegal.

For Petitioner : M/s.S.Ravichandran For Respondent-1 : Mr.A.Muthukaruppan Addl.Govt.Pleader

ORDER

The Petitioner has filed this Writ Petition seeking to quash the proceedings of the first respondent bearing Na.Ka.Aa.No.1/1284/2016, dated 17.11.2016,as mala-fide, arbitrary and illegal.

2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the first respondent.

3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/ 4.The proceeding impugned in this Writ Petition is nothing but a letter addressed by the first respondent to the Government

Pleader, District Munsif Court, Srivilliputhur, seeking for his legal opinion as to whether patta can be transferred or it has to be issued by inclusion of the names of some persons. 5.Unfortunately, the first respondent marked a copy of the said communication to the parties to the said patta proceedings as well. Therefore the present Writ Petition is filed by the Writ Petitioner construing the said communication as though an order passed against him. Needless to say that the present Writ Petition is totally misconceived, as it has been filed against a simple communication sent by the first respondent to the Government Pleader seeking for his legal opinion. Therefore I find that the present Writ Petition is not maintainable.

6.Accordingly, the Writ Petition is dismissed. No costs. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To The Tahsildar, Vempakottai Taluk, Virudhunagar District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 80910 VSN TE/SKN : 27/12/2016 : 2P/3C W.P(MD)No.24005 of 2016 15.12.2016 https://hcservices.ecourts.gov.in/hcservices/