Palanichamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.23036 of 2022 Palanichamy ... Petitioner Vs.
1.The District Collector, Theni District, Theni.
2.The Tahsildar, Bodinayakanur Taluk, Bodinayakanur, Theni District.
3.The Revenue Inspector, Kodangipatti, Theni District.
4.The Village Administrative Officer, Boothipuram Village, Bodinayakanur Taluk, Bodinayakanur, Theni District.
5.Karthika ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents to vacate the 1/4
petitioner from his own dwelling house Door No.2/1/19, Sivanandi Thevar Street, Valaiyathupatti, Boothipuram Village, Bodinayakanur Taluk, Theni District consequently directing the first to fourth respondents to consider the petitioner's representation, dated 14.10.2022. For Petitioner : Mr.M.Kaliraj For R-1 to R-4 : Mr.A.K.Manikkam Special Government Pleader
ORDER
Heard the learned Counsel for the writ petitioner and the learned Special Government Pleader for the official respondents. Considering the nature of relief to be granted, issuance of notice to the fifth respondent is dispensed with. The petitioner's son got married to the fifth respondent. Their relationship had come under strain. The fifth respondent had obtained maintenance order against the petitioner's son. To enforce the same, the second respondent had issued the impugned memorandum. The impugned memorandum only states that property of Prabhakaran has to be proceeded against. The impugned memorandum does not in anyway affect the rights of the writ petitioner. Obviously, the second respondent cannot be prevented from proceeding against the writ petitioner's son's property so long as the maintenance order remains un-satisfied. 2/4
2. With this clarificatory observation, this writ petition stands dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.
01.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Btr To 1.The District Collector, Theni District, Theni.
2.The Tahsildar, Bodinayakanur Taluk, Bodinayakanur, Theni District.
3.The Revenue Inspector, Kodangipatti, Theni District.
4.The Village Administrative Officer, Boothipuram Village, Bodinayakanur Taluk, Bodinayakanur, Theni District.
G.R.SWAMINATHAN, J.
Btr 3/4
and W.M.P(MD)No.23036 of 2022 01.02.2023 4/4