Madras High CourtWP(MD)/15673/2013dismissed

M.Syed Peer Siddique, v. The Secretary To Government,

2015-09-08Honourable Ms.Justice V.M.Velumani,Honourable Mr Justice R. Sudhakar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.15673 of 2013 & M.P.(MD) No.1 of 2013 M.Syed Peer Siddique ... Petitioner Vs.

1.The Secretary to Government, State of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009.

2.The District Collector, Theni District, Theni.

3.The Commissioner, Cumbum Municipality, Cumbum, Theni District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to impugned order letter No.28580/Nani.5(1)(2012)- 3, dated 09.07.2013, passed by the first respondent, quash the same as void and illegal and thereby, direct the respondents to remove the Uzhavar Santhai, formed in 1154.5 sq.metre out of 3205.0 sq.metre, in S.No.3, Block No.17, Ward No.D of Gandhiji Park, in Cumbum Municipality limits, in Theni District.

For Petitioner : Mr.F.X.Eugene For Respondent Nos.1 & 2: Mr.C.Selvaraj Special Government Pleader For Respondent No.3 : Mr.M.Murugan

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) The petitioner has come forward with this writ petition seeking to quash the impugned order letter No.28580/Nani.5(1)(2012)-3, dated 09.07.2013, passed by the first respondent, as void and illegal and thereby, direct the respondents to remove the Uzhavar Santhai, formed in 1154.5 sq.metre out of 3205.0 sq.metre, at S.No.3, Block No.17, Ward No.D of Gandhiji Park, Cumbum Municipality, Theni District. https://hcservices.ecourts.gov.in/hcservices/

2. If there is any effective alternative remedy of approaching the

Members of the Legislative Assembly of the Constituency, the petitioner can address the grievance of the public and therefore, the petitioner should first seek redressal through the representative of the people and then come to the Court. These are all issues, which are within the domain of executives and the petitioner has to approach the Government, for redressal of people's grievance. No cause in public interest is involved.

3. With the above observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar smn2 To 1.The Secretary to Government, State of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009.

2.The District Collector, Theni District, Theni.

3.The Commissioner, Cumbum Municipality, Cumbum, Theni District.

+one cc to M/s.F.X.Eugene, Advocate in SR.No.52706 +one cc to The Special Government Pleader, SR.No. 52960 Writ Petition (MD) No.15673 of 2013 & M.P.(MD) No.1 of 2013 08.09.2015 CSL/NGM-SS/LIBI/30.09.2015 2p/6c https://hcservices.ecourts.gov.in/hcservices/