V.Eswaran v. The Commissioner Of Municipal Administration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ V.Eswaran : Petitioner Vs.
1.The Commissioner of Municipal Administration, Office of the Municipal Administration Department, Ezhilagam Annex, 6th Floor, Chepauk, Chennai.
2.The Director, Office of the Directorate of Vigilance and Anti-Corruption, 293, MKN Road, Collectors Nagar, Alandur, Chennai, Tamil Nadu - 600 016.
3.The Commissioner, Office of the Theni Allinagaram Municipality, 4.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009.
5.The Tahsildar, Office of Thasildhar, Ullavar Sandai Road, Theni, Theni District.
6.The Revenue Divisional Officer, Office of Revenue Divisional Office, Thasildar Nagar, Thamaraikulam, Periyakulam, Theni District.
7.The District Collector, 8.The Assistant Commissioner Commercial Tax(1), Treasury Complex Madurai Road, 1/3
9.The Joint Commissioner/Commercial Tax Officer, Dr.Thangaraj Salai, K.K.Nagar, Madurai-20.
10.The Executive Engineer (Distribution) Tangedco, NRT Nagar Main Road, : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent Nos.1 and 2 to enquire into the petitioner's complaint dated 10.06.2019 and pass necessary orders, within the time fixed by this Court.
For Petitioner : Mr.V.Eswaran, Party-in-Person For Respondents 1to9 : Mr.P.Kannithevan, Additional Government Pleader For Respondent No.10 : Mrs.Rajeshwari, For Mr.S.M.S.Johnny Basha
ORDER
The petitioner is one of the co-sharers of immovable property. In the partition suit filed between the siblings, a preliminary decree has been passed and the petitioner is entitled to one sixth undivided share in the property. The final decree proceedings are on. The Advocate Commissioner appointed is yet to present the shares by metes and bounds. Till date, the particular property, which is mentioned by the petitioner, is not allotted to him and he does not have any right over the property as of today. In other words, the petitioner has not got any locus standi or cause of action to raise the dispute. At this juncture, the Writ Petition is not maintainable. Whenever disputed share is earmarked to him, he can raise all the issues before the appropriate authorities. Hence, the Writ Petition is dismissed. No costs.
Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) SML 2/3
To 1.The Commissioner of Municipal Administration, Office of the Municipal Administration Department, Ezhilagam Annex, 6th Floor, Chepauk, Chennai. 2.The Director, Office of the Directorate of Vigilance and Anti-Corruption, 293, MKN Road, Collectors Nagar, Alandur, Chennai, Tamil Nadu - 600 016.
3.The Commissioner, Office of the Theni Allinagaram Municipality, 4.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009.
5.The Tahsildar, Office of Thasildhar, Ullavar Sandai Road, Theni, Theni District.
6.The Revenue Divisional Officer, Office of Revenue Divisional Office, Thasildar Nagar, Thamaraikulam, Periyakulam, Theni District.
7.The District Collector, 8.The Assistant Commissioner Commercial Tax(1), Treasury Complex Madurai Road, 9.The Joint Commissioner/Commercial Tax Officer, Dr.Thangaraj Salai, K.K.Nagar, Madurai-20.
+1 CC to M/s.V.EASWARAN, Party-IN-Person ( SR-92666[F] dated 17/10/2019 ) +1 CC to M/s.SPL GP ( SR-93247[F] dated 21/10/2019 ) +1 CC to M/s.K.HEMAKARTHIKEYAN, Advocate ( SR-93356[F] dated 21/10/2019 ) Order made in Dated: 17.10.2019 JMN(23.10.2019) 3P : 13C 3/3