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CDJ 2025 MHC 7347
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| Court : High Court of Judicature at Madras |
| Case No : WP No. 3403 of 2024 |
| Judges: THE HONOURABLE MR. JUSTICE M. DHANDAPANI |
| Parties : L. Shanmugam Versus The Government of Tamil Nadu, Rep. by the Principal Secretary, Rural Development and Panchayat Raj Department Secretariat, Chennai & Others |
| Appearing Advocates : For the Petitioner: K. Karthikeyan, Advocate. For the Respondents: R4 & R5, C. Selvaraj, Additional Government Pleader, R6 & R7, B. Tamilnidhi, Additional Government Pleader, R8, K. Thiruvengadam, Advocate. |
| Date of Judgment : 02-12-2025 |
| Head Note :- |
| Constitution of India - Article 226 - |
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
2. Catch Words:
- mandamus
- disciplinary action
- aggrieved person
- writ petition
3. Summary:
The petitioner, a councilor, filed a writ petition under Article 226 seeking a mandamus directing the 4th respondent to discipline the 7th respondent for permitting a concrete road on patta land. The petitioner alleged that the 7th respondent’s action violated land rights and complained to the 4th respondent, which allegedly took no action. The Ombudsman had already examined the same allegation and issued an order on 31‑10‑2023 without any disciplinary follow‑up. The Court observed that the petitioner is not an aggrieved party, as the dispute over the patta land must be resolved by the landowner, not the councilor. Consequently, the petition lacks locus standi and the relief sought cannot be granted. The petition is therefore dismissed without costs.
4. Conclusion:
Petition Dismissed |
| Judgment :- |
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(Prayer:- Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of mandamus, directing the 4th respondent to initiate appropriate disciplinary action against the 7th respondent for granting permission to lay concrete road in S. No 372 / 17 in Patta land located in Punjai Kolanalli Village, Kodumudi, Taluk, Erode District based on the findings of the 3rd respondent order dated 31.10.2023.)
This Writ Petition has been filed seeking issuance of writ of mandamus, directing the 4th respondent to initiate appropriate disciplinary action against the 7th respondent for granting permission to lay concrete road in S. No. 372 / 17 in Patta land located in Punjai Kolanalli Village, Kodumudi, Taluk, Erode District based on the findings of the 3rd respondent order dated 31.10.2023.
2. The learned counsel for the petitioner would submit that the petitioner is a Councilor elected by the 6th respondent Panchayat. It is stated that the 7th respondent try to lay the road in the patta land. Aggrieved by the same, the petitioner made a complaint before the 4th respondent for initiation of appropriate action against the 7th respondent. Since no order was passed, the present writ petition is filed.
3. The learned counsel for the petitioner would submit that this Court may issue a direction to the 4th respondent to dispose of the petitioner's representation dated 23.08.2023 and 24.08.2023 and pass appropriate orders.
4. It is seen that for the very same allegation, the petitioner approached the Ombudsman and the Ombudsman passed the order on 31.10.2023. However, action against the 7th respondent has not been taken. Hence, the present writ petition is filed.
5. Considering the facts and circumstances of the case, it is seen that the petitioner is not an aggrieved person. If the 7th respondent is laying the road in the patta land, the land owner has to adjudicate the issue, not by the petitioner. Hence, the prayer sought for in the writ petition cannot be granted. Accordingly, this Writ Petition is dismissed. No costs.
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