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Judgment
Honourable Mr. Justice Vinod K. Sharma
The petitioner has approached this Court for issuance of a writ in the nature of Mandamus, directing the respondents to implement the
proceedings of the 4th respondent in Mu.mu.No.5346/2007 (I2) dated 09.11.2001
The petitioner claims to be owner of a wet land in S.No.640/1 to the extent of 0.81.0 hectares, situated at Karimangalam Village, Palacode
Taluk, Dharmapuri District. The ownership is claimed by way of inheritance from his father.
The property was purchased by one Palani, who was in possession and enjoyment of the said property.
The case of the petitioner is that Palani died on 23.10.1973 and the petitioner purchased the property from the legal heirs of Palani by way of
registered sale deed and the petitioner is in possession and enjoyment of the said property along with other property. Further case of the petitioner
is that respondents 2 and 3 have issued a joint patta to the petitioner along with two other individuals.
The petitioner, aggrieved by action of the respondents, submitted an application for issuance of separate patta for S.No.640/1, Karimangalam
Village, Palacode Taluk in Jamapandhi under Jamapandhi Petition No.23 dated 31.05.2001.
Enquiry on the said petition was conducted and an order was passed by the 4th respondent in the proceedings dated 09.11.2001 for issuance
of separate patta to the petitioner. But the said order has not been implemented in spite of several representations.
The reading of averments made in the affidavit clearly shows that this writ petition is an attempt to execute the order passed by the competent
authority in exercise of statutory powers under Statute.
The remedy, therefore, with the petitioner is to seek remedy under the Act for enforcement of the order and not by way of writ petition in this
Court. The writ jurisdiction cannot be used to convert this Court as execution court to implement orders passed by subordinate statutory
authorities in stead of availing their statutory remedies. The writ of Mandamus can only be issued to enforce a legal right, which is not being
enforced by authorities by not performing their statutory duty and furthermore, it is also to be shown that petitioner has approached the competent
authority by filing writ of demand
Consequently, finding no merit in this writ petition, it is ordered to be dismissed being not competent. No costs.