On the second respondent's default and the third respondent's mutation in her favour, the bench held mandamus inappropriate, dismissed the petition, and granted liberty to file a fresh petition without discussing merits.
Liberty granted to file a fresh writ petition with appropriately couched prayer; costs not awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.13207 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.08.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.13207 of 2015
S.Mohamed Noor Khan Pani ... Petitioner
Vs
3.Vironika Jeyaraj ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to pass orders following the order of the first respondent dated 11.06.2015 passed subsequent to the petitioner's representation dated 25.04.2015.
For Petitioner : No Appearance
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W.P(MD)No.13207 of 2015
For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader for R.1 & R.2
Mr.S.Venkatesan for Mr.A.Sivaji for R.3
ORDER
None appears for the writ petitioner.
of the writ petition and also heard the learned Additional Government Pleader as well as the learned counsel appearing for the third respondent. It is seen that the third respondent's vendor (Gomathi Ammal and others) were the defendants in O.S.No.31 of 1984 on the file of Sub Court, Tirunelveli and decree was passed against them. Aggrieved by the same, they filed A.S.No.877 of 1989 before the Madurai Bench of Madras High Court. The appeal was allowed on 10.08.2008. Thereafter quite a few proceedings appear to have taken place. The District Revenue Officer issued proceedings dated 13.11.2009. The Commissioner of Land Administration also took up the matter by way of suo motu review. It appears to have been dropped.
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W.P(MD)No.13207 of 2015
10.08.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA
To 1.The Commissioner, Land Administration, Elizhagam, Chepauk, Chennai – 5.
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W.P(MD)No.13207 of 2015
G.R.SWAMINATHAN, J.
MGA
2.The District Collector, Tirunelveli District, Tirunelveli.
W.P(MD)No.13207 of 2015
10.08.2023
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2 issues framed by the court
Whether a writ of mandamus lies to direct the District Collector to pass orders following a prior order in light of mutation in the third respondent's favour.
Whether the petitioner should be granted liberty to file a fresh writ petition with an appropriately couched prayer.
1 provisions across 1 enactments
S. Mohamed Noor Khan Pani
Commissioner, Land Administration
District Collector, Tirunelveli
Vironika Jeyaraj
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
