M. Balasubramaniam, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 24.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Balasubramanian ... Petitioner Vs 1.The District Collector, Kanyakumari District.

2.The Sub Collector, Padmanabhapuram, Kanyakumari District.

3.The Inspector of Police, Eranial - 629 802, Kanyakumari District.

4.The Deputy Superintendent of Police, Colachal -629251, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents particularly the 1st respondent to consider the representation of the petitioner dated 06.07.2016 on merits and in accordance with law and subsequently dispose of the same within a time frame as stipulated by this Court forthwith.

1/4

For Petitioner : Mr.Palani Velayudhma For Respondents : Mr.A.Kannan, Nos.1 and 2 Additional Government Pleader For Respondent : Mr.M.Vaikkan Karunanidhi Nos.3 and 4

ORDER

The petitioner an Advocate and claiming to be the President of Agricultural Land Puravu Association has filed this writ petition to consider his representation dated 06.07.2016.

2.The grievance of the petitioner in his representation is that there is a custom in their village that all the farmers therein will have to cultivate only paddy, since growing of trees would spoil the neighbouring lands. However a farmer in his village by violating their customs is cultivating coconut trees. Therefore the petitioner has submitted a representation to respondents and filed this writ petition.

3.When this writ petition has been taken up for hearing, it is reported that the petitioner is no more and 2/4

he passed away on 2.03.2022. The petitioner is not entitled to get such relief from the respondent as there is no obligation on their part to do so and it is against the right guaranteed under the Constitution.

4.In the result, this writ petition is dismissed. No costs. Consequently consequently connected miscellaneous petition is also dismissed.

24.02.2023 Internet : Yes / No dsk To 1.The District Collector, Kanyakumari District.

2.The Sub Collector, Padmanabhapuram, Kanyakumari District.

3.The Inspector of Police, Eranial - 629 802, Kanyakumari District.

4.The Deputy Superintendent of Police, Colachal -629251, Kanyakumari District.

3/4

B.PUGALENDHI, J.

dsk 24.02.2023 4/4