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2002 DIGILAW 441 (MAD)

T. S. Natrajan v. State of T. N.

2002-06-07

V.KANAGARAJ

body2002
ORDER :- Mr. K. Sugumaran, Special Government Pleader takes notice for the respondents. 2. Petition praying to issue a Writ of Certiorari calling for the records relating to the order of the second respondent in S. R. No. 65977 of 2001 dated 9-11-2001 and quash the same. 3. Today, when the above writ petition came up for admission, on a perusal of the records and upon hearing the learned counsel for both, it comes to be known that in an earlier writ petition filed by this petitioner on one and the same subject matter in W. P. 16527 of 2001 along with W. M. P. No. 24566 of 2001, this Court has issued a direction to the respondents to dispose of the representation of the petitioner dated 4-1-2001 within eight weeks from the date of the receipt of a copy of the said order, further permitting the petitioner to continue till then as a tenant on condition that the petitioner pays the rent regularly to the respondents. 4. Now the petitioner stating something about how the proceedings took place and what happened and how he is aggrieved of, on certain facts alleged, has come forward with another writ petition of the same kind seeking yet another direction which shows that as though this Court is left with no other job excepting to attend to such irrelevant matters, without even understanding that once the direction is issued and even in the event that the said direction is not properly complied with, the answer lies only in a contempt proceeding initiated against the respondents and not filing writ petition after writ petition, thus jeopardizing the work of the High Court. 5. The petitioner should understand that the writ jurisdiction that is granted to the High Court under Article 226 of the Constitution of India is a discretionary relief and once the discretion is exercised, the matter ends up there and there cannot be any discretion to a discretion that has already been exercised, and therefore, such kinds of unnecessary and irrelevant petitions being filed in the name of writ petition should be discredited by the Court. 6. 6. The case in hand is in no manner worth being considered and if at all it is considered, this Court has to be turned out as a civil forum conducting a full trial on factual position of the matters, and therefore in no sense, such proceedings taken out in the name of writ petition could be entertained by this Court. In any event, the writ petition fails and the same is dismissed with a cost of Rs.1,000/- (Rupees one thousand only). Consequently, W. P. M. P. No. 26709 of 2002 is dismissed. No costs.