Tiruchy Kutch Kadva Patidar Samaj v. Special Commissioner & Commissioner for Land Administration
2014-09-09
M.JAICHANDREN, R.MAHADEVAN
body2014
DigiLaw.ai
Judgment : M. Jaichandren, J. 1. Heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsel appearing on behalf of the respondents. 2. This Writ Petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus to direct the first respondent to dispose of the representations of the petitioner, dated 29.06.2011 and 18.02.2012, within a specified time that may be fixed by this Court. 3. The main contention raised on behalf of the petitioner is that the orders passed by this Court, in W.A.(MD).No.590 of 2007, dated 01.02.2012, directing the Special Commissioner and Commissioner for Land Administration, Chepauk, Chennai, the first respondent herein, to consider the representation of the petitioner, dated 29.06.2011, and to pass appropriate orders thereon, in accordance with law, had not been complied with, till date. In such circumstances, the petitioner has preferred the present Writ Petition, before this Court, praying for a Writ of Mandamus to direct the first respondent to dispose of the representations of the petitioner, dated 29.06.2011 and 18.02.2012 relating to the assignment of the Government poramboke land, in S.F.No.53/1, Tharanllur Village, in Trichy District, in favour of the Members of the Petitioner Samaj. 4. It is noted that this Court, by its order, dated 01.02.2012, made in W.A.(MD).No.590 of 2007, had directed the Special Commissioner and Commissioner for Land Administration, Chepauk, Chennai, the first respondent in the Writ Petition, to dispose of the representation of the petitioner, dated 29.06.2011, with regard to the assignment of the lands in question, in favour of the Members of the Petitioner Samaj. However, no time limit had been fixed for the disposal of the representation, by the first respondent herein. Therefore, the petitioner has preferred the present Writ Petition praying that this Court may be pleased to issue a Writ of Mandamus to direct the first respondent, to dispose of the representation of the petitioner, dated 29.06.2011, with regard to the assignment of the land in question, in S.F.No.53/1, Tharanllur Village, in Trichy District, in favour of the Members of the Petitioner Samaj. 5. We are of the considered view that it would not be open to the petitioner to seek such a relief before this Court, by filing the present Writ Petition.
5. We are of the considered view that it would not be open to the petitioner to seek such a relief before this Court, by filing the present Writ Petition. It is noted that the petitioner had already obtained an order from the Division Bench of this Court, dated 01.02.2012, in W.A. (MD).No.590 of 2007, with regard to the disposal of the representation submitted by the petitioner, in respect of the assignment of the lands in question. While so, the present Writ Petition filed by the petitioner, seeking a Writ of Mandamus, for the same relief, cannot be sustained. As such, we are of the view that the present Writ Petition is devoid of merits and therefore, it is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. Consequently, the connected miscellaneous petition is closed. No costs.