R. Venkateswaran v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Venkateswaran

...Petitioner

Vs.

1. The Director, Directorate of Tonw Panchayat, Cheupak, Chennai.

2. The District Collector, Dindigul District.

3. The Assistant Director, Office of Assistant Director (Regional Town Panchayats), Velunachiar Valagam, Dindigul.

4. The Executive Officer, Natham Town Panchayat, Natham, Dindigul District.

5. Renganathan

6. Seetharamachandran ... Respondents (Respondent Nos.5 and 6 are impleaded by this Court vide order dated 16.04.2021 made in M.P.(MD).No.1 of 2014) Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fourth respondent herein to conduct enquiry and to take appropriate action as per the representation given by the petitioner dated 28.07.2014 and take necessary action within the time stipulated by this Court. For Petitioner : Mr.B.Jameel Arasu For R-1 to R-4 : Mr.M.Rajarajan Additional Government Pleader

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the fourth respondent to take action on the representation made by the petitioner on 28.07.2014, wherein, the 1/3

petitioner is seeking for removal of the names of the impleaded fifth and sixth respondents from the tax records and to incorporate the name of the petitioner.

2. When the matter came up for admission on 15.09.2014, the petitioner was directed to file an appropriate petition to implead the necessary parties. Accordingly, the impleading petition was filed and the same was ordered by this Court and the necessary parties were added as fifth and sixth respondents in this Writ Petition.

3. Heard Mr.B.Jameel Arasu, learned counsel appearing on behalf of the petitioner and Mr.M.Rajarajan, learned Additional Government Pleader appearing on behalf of the respondents 1 to 4.

4. The fourth respondent has filed a counter affidavit and has taken a stand that the petitioner has already field a suit in O.S.No.10 of 2015, against the impleaded fifth and sixth respondents, claiming for his right in the property and the same is pending. Therefore, the fourth respondent has to await for the final judgment in the suit before taking any decision on the representation made by the petitioner.

5.Taking into consideration the facts and circumstances of the case and the specific stand taken by the fourth respondent, liberty is granted to the petitioner to work out his remedy in the pending suit in O.S.No.10 of 2015. Depending upon the result in the suit, the petitioner can thereafter work out his remedy before the official respondents.

6. The Writ Petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the 2/3

responsibility of the advocate/litigant concerned. tsg To

1. The Director, Directorate of Tonw Panchayat, Cheupak, Chennai.

2. The District Collector, Dindigul District.

3. The Assistant Director, Office of Assistant Director (Regional Town Panchayats), Velunachiar Valagam, Dindigul.

4. The Executive Officer, Natham Town Panchayat, Natham, Dindigul District.

+1 CC to M/s.SPL GP ( SR-16275[F] dated 17/04/2021 ) Order made in Dated:

16.04.2021 GS (21.05.2021) 3P 6C 3/3