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Madras High CourtWP(MD)/3215/2018dismissed

M.Kannan v. The District Collector

2024-04-04Honourable Mr Justice C. Saravanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN M.Kannan ... Petitioner Vs.

1.The District Collector, Sivagangai, Sivagangai District.

2.The District Revenue Officer, Sivagangai, Sivagangai District.

3.Joint Commissioner (Land Acquisition), O/o.The Commissioner of Land Administration, Ezhizhagam, Chepauk, Chennai - 600 005.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the third respondent to consider the petitioner's representation dated 22.12.2017 pursuant to the order passed by the first respondent in her proceedings in Na.Ka.Pi4/22865/217 dated 13.12.2017 by conducting enquiry upon the second respondent within a time frame fixed by this Court.

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For Petitioner : Mr.S.Mohamed Kadhar For Respondents : Mr.S.P.Maharajan Special Government Pleader

O R D E R

The petitioner has filed this Writ Petition for issuance of a Writ of Mandamus directing the third respondent to consider the petitioner's representation dated 22.12.2017 pursuant to the order dated 13.12.2017 passed by the first respondent in Na.Ka.Pi4/22865/217 by conducting enquiry upon the second respondent within a time frame fixed by this Court.

2. The case of the petitioner is that the first respondent has passed an order dated 13.12.2017 bearing reference No.Na.Ka.Pi4/22865/217, wherein, the petitioner was instructed to approach the third respondent for appropriate remedy. It is submitted that pursuant to the same, the petitioner approached the third respondent by sending a representation dated 22.12.2017. However, the third respondent has not passed any order on the petitioner's representation. Therefore, the petitioner prayed for a direction to the third respondent to consider his representation dated 22.12.2017.

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3. Per contra, learned Special Government Pleader for the respondents would submit that after this Writ Petition was filed, the petitioner has filed another Writ Petition before this Court in W.P.(MD) No.12190 of 2018. It is submitted that the said Writ Petition was disposed of by this Court vide order dated 08.06.2018 by directing the District Revenue Officer to consider the petitioner's yet another representation dated 28.05.2017 which was given for annulling the order dated 16.05.2014 bearing reference No.Na.Ka.Pi4/15508/2013 passed by the District Revenue Officer, on merits and take further actions in accordance with law, within a period of 12 weeks from the date of receipt of a copy of that order.

4. It is submitted that pursuant to the aforesaid order of this Court in W.P.(MD) No.12190 of 2018, consequential order has been passed by the District Revenue Officer namely, the second respondent herein, in his proceedings dated 15.02.2019 bearing reference No.Pa.Mu.B4/22865/2017. It is therefore submitted that there are no merits in this Writ Petition.

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5. That apart, it is submitted that the petitioner has also approached Tamil Nadu State Human Rights Commission, Chennai. In a communication dated 24.02.2024 sent by the District Collector, Sivagangai to the Registrar (Law), Tamil Nadu State Human Rights Commission, Chennai, it has been stated that the petitioner had filed at least 15 to 16 Writ Petitions before this Court which were either dismissed or closed or directions were issued for consideration of the petitioner's representation. It is submitted that for the same relief, the petitioner has been repeatedly filing Writ Petitions before this Court. Therefore, this Writ Petition is liable to be dismissed.

6. I have considered the arguments advanced by the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.

7. Pursuant to order passed by the first respondent on 13.12.2017, the petitioner has given another representation dated 28.05.2018 which has culminated in the proceedings of the third respondent dated 15.02.2019 bearing reference No. Pa.Mu.B4/22865/2017. Therefore, there are no merits in this Writ Petition.

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8. Thus, this Writ Petition is dismissed leaving it open for the petitioner to challenge the aforesaid order of the third respondent dated 15.02.2019 bearing reference No.Pa.Mu.B4/22865/2017 in accordance with law. No costs.

04.04.2024 Index: Yes/ No Speaking Order / Non-Speaking Order JEN Copy To:

1.The District Collector, Sivagangai, Sivagangai District.

2.The District Revenue Officer, Sivagangai, Sivagangai District.

3.Joint Commissioner (Land Acquisition), O/o.The Commissioner of Land Administration, Ezhizhagam, Chepauk, Chennai - 600 005.

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C.SARAVANAN , J.

JEN 04.04.2024 Page No. 6 of 6