Mariappa Thevar v. Secretary to Government, State of Tamil Nadu, Revenue Department
2016-03-22
B.RAJENDRAN
body2016
DigiLaw.ai
ORDER : The petitioner has filed this Writ Petition for a Writ of Mandamus to direct the respondents to assign the land in town Survey Number in T.S. No. 850 to an extent of 187.51 Sq.ft within which western Peacock Mandabam is situated to Dindigul District, Palani Town, East Maravar Street, Uravinmurai and give patta by considering the representation of the petitioner dated 14.05.2015. 2. Heard the learned Senior Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 4 2 and the learned Counsel appearing for the fifth respondent. 3. This writ petition is not maintainable because even though he obtained decree earlier in O.S. No. 724 of 1982, for the very same purpose, again he filed another suit in O.S. No. 203 of 2013, which is pending for permanent injunction. Pending that suit, the petitioner has come forward with this writ petition seeking for a direction to consider his representation dated 14.05.2015. 4. In view of the order passed by the Division Bench of this Court in M. Ingaci Vs. The Commissioner, Devakottai & Others, reported in 2010 2 L.W. 785, what cannot be considered, that cannot be directed to be considered. Therefore, this writ petition is not maintainable. 5. At this point of time, the learned Counsel appearing for the fifth respondent would contend that the authority is not stopping to do the "Thanneer Panthal". Therefore, the petitioner shall approach the Tahsildar to identify some other place to do the "Thanneer Panthal". On such request made by the petitioner, the Tahsildar shall consider the same and pass appropriate orders on merits and in accordance with law without prejudice to others right. 6. Recording the submissions of the learned Counsel appearing for the third respondent, this writ petition is dismissed. Consequently, the connected Miscellaneous petition is closed.