Madras High CourtWP(MD)/19284/2019dismissed

Ganesan v. The Joint Commissioner

2019-09-05Honourable Mr Justice M. Govindaraj3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ and W.MP.(MD).No.15707 of 2019 Ganesan ... Petitioner vs.

1.The Joint Commissioner Myladuthurai, Nagapattinam District.

2.The Assistant Commissioner 3.The Executive Officer, Arulmighu Karikudinathar Thirukovil, Maruthanallur, Kumbakonam Taluk, ... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the entire records pertaining to the impugned order passed by the 1st respondent in his proceedings in Miscellaneous Petition No.98/2017 dated 10.07.2019 and quash the same and consequently direct the respondents do not disturb the petitioner's peaceful possession and enjoyment of the property in S.No.31/2A1 situated at Maruthanallur Village, Kumbakonam Taluk, Thanjavur District. For Petitioner :

Mr.G.Gomathisankar For Respondents :

Mr.VR.Shanmuganathan Special Government Pleader for RR-1 & 2 Mr.V.Chandrasekar for R-3 1/3

O R D E R

Challenging the impugned order passed by the 1st respondent in his proceedings in Miscellaneous Petition No.98/2017 dated 10.07.2019 and consequently to direct the respondents not to disturb the petitioner's peaceful possession and enjoyment of the property in S.No.31/2A1 situated at Maruthanallur Village, Kumbakonam Taluk, Thanjavur District, the present writ petition has been filed. 2.The relief sought for by the petitioner is not maintainable before this Court in a writ proceeding. Against the order passed by the Joint Commissioner of HR & CE Department, an appeal remedy is available for the petitioner before the Commissioner of HR & CE Department.

3.Hence, this writ petition is dismissed with liberty to the petitioner to file an appeal before the Commissioner of HR & CE Department within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) / True Copy / Sub Assistant Registrar(CS- ) To:

1.The Joint Commissioner Myladuthurai, Nagapattinam District.

2.The Assistant Commissioner 3.The Executive Officer, Arulmighu Karikudinathar Thirukovil, Maruthanallur, Kumbakonam Taluk,Thanjavur District.

2/3

4.The Commissioner +1 CC to M/s.G.GOMATHI SHANKAR,Advocate(SR-85423[F]dated 05/09/2019) 05.09.2019 vs ES/03.10.2019/2P/6C 3/3