Manibharathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)No.21462 of 2023 Manibharathi ... Petitioner Vs.

1.The District Collector, District Collector Office, Thenkasi District.

2.The District Revenue Officer, O/o.District Revenue Officer, Thenkasi District.

3.The District Backward Class and Minority Welfare Officer, Office of District Backward and Class and Minority Welfare Thenkasi District.

4.The Revenue Divisional Officer, Revenue Divisional Office, Sankarankovil, Thenkasi District.

5.The Tahsildar, Thiruvengadam Taluk, Thenkasi District. ... Respondents 1/5

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to complete the proceeding already initiated by the fourth respondent, Vide Oo.Mu.RDOSKL/2657/2023-A3, dated 09.05.2023 based on the petitioner's representation on 24.04.2023 within a stipulated time that may be fixed by this Court.

For Petitioner :Mr.P.Ponraj For Respondents :Mr.P.Thilak Kumar, Government Pleader ***

ORDER

(Order of the Court was made by S.S.SUNDAR, J.) Heard Mr.P.Ponraj, learned counsel for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader, who takes notice for the respondents.

2. This Writ petition has been filed by the petitioner seeking for issuance of a Writ of Mandamus, directing the respondents to complete the proceedings initiated by the fourth respondent, dated 09.05.2023 based on the petitioner's representation on 24.04.2023. 2/5

3. Earlier, by the proceedings, dated 29.03.2023, the District Collector, Tenkasi District, has recommended cancellation of house site patta granted in favour of 35 beneficiaries, pursuant to the Scheme for allotment of free house sites to houseless people. Consequently, a representation is submitted by the petitioner. The fourth respondent has now initiated proceedings, to conduct enquiry. The above writ petition is filed to direct the official respondents to take action for resumption of lands from allottees.

4. However, the petitioner has filed the above writ petition without impleading the beneficiaries, who are interested in this proceedings. Since any order passed by this Court will affect the interest of such persons, this writ petition is dismissed on the ground of non-joinder of necessary parties. However, it is open to the petitioner to file a fresh writ petition if he wants to pursue his remedy after impleading all the necessary parties. No Costs. [S.S.S.R., J.] [D.B.C., J.] 04.09.2023 Index : Yes / No NCC : Yes / No pm 3/5

To:

1.The District Collector, District Collector Office, Thenkasi District.

2.The District Revenue Officer, O/o.District Revenue Officer, Thenkasi District.

3.The District Backward Class and Minority Welfare Officer, Office of District Backward and Class and Minority Welfare, Thenkasi District.

4.The Revenue Divisional Officer, Revenue Divisional Office, Sankarankovil, Thenkasi District.

5.The Tahsildar, Thiruvengadam Taluk, Thenkasi District.

4/5

S.S.SUNDAR, J.

and D.BHARATHA CHAKRAVARTHY , J.

pm W.P(MD)No.21462 of 2023 04.09.2023 5/5