Madras High CourtWP(MD)/20710/2024dismissed

Palpandi R v. The District Revenue Officer

2024-08-30Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 30/08/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR WP(MD). No.20710 of 2024 and WMP(MD) No.17561 of 2024 Palpandi R ... Petitioner Vs

1. The District Revenue Officer, District Collectorate,Virudhunagar..

2. Shanmugathai

3. C.Kaliraj

4. Rakeshraja

5. Arumugathai ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorari, to call for the records pertaining to the impugned order of the 1st respondent vide his proceedings in Na.Ka.E4/101/2024 dated 12.08.2024 and quash the same as illegal.

For Petitioner : Mr.K.Arunraj For Respondents : Mr.A.Kannan for R1 Additional Government Pleader 1/4

ORDER

This writ petition has been filed challenging the order of the 1st respondent dated 12.08.2024.

2. By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. Since no adverse order is going to be passed against the respondents 2 to 5, notice to R2 to R5 is dispensed with.

3. It is the case of the petitioner that he is the agreement holder to purchase the subject property. Now the petitioner came to know that the license has been suspended vide impugned order. According to him, he has advanced huge amount to the second respondent and hence, challenges the impugned order.

4. In the affidavit, it is stated that when the petitioner has intended to complete the sale process, it came to light that the 2nd respondent has already sold the said property to the respondents 4 and 5. The petitioner came to know about the cancellation of license for the said property and 2/4

hence challenges the same by way of this writ petition.

5. At the outset, this Court is of the view that the petitioner cannot file a writ petition without having any right. His right has not been crystallized anywhere. Without having any right whatsoever in the said property and when the petitioner has no locus to challenge the suspension order, the writ petition is highly misconceived. If it is the case of the petitioner that there is an agreement entered into between the parties, the same should be challenged only before the civil Court and without crystallizing his right, challenging the order of the 1st respondent is per se illegal. Therefore, the writ petition fails and the same is accordingly dismissed. No costs. Consequently connected Miscellaneous Petition is closed.

30.08.2024 NCC : Yes/No Index : Yes/No RR TO

1. The District Revenue Officer, District Collectorate, Virudhunagar..

3/4

N.SATHISH KUMAR,J RR

ORDER

IN WP(MD) No.20710 of 2024 Date : 30/08/2024 4/4