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Madras High CourtWP/1126/2022disposed of

Latha v. The District Collector

2022-01-27Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.1126 of 2022 and W.M.P.No.1184 of 2022 Latha ... Petitioner -Vs1. The District Collector, Salem District, at Salem.

2. The Revenue Divisional Officer, Mettur, Salem District.

3. The Tahsildar, Mettur Taluk, Mettur, Salem District.

4. The Village Administrative Officer, Thinnapatti Village, Mattur Taluk, Salem District.

5. The Superintendent of Police, Salem District at Salem.

6. The Inspector of Police, Kolathur Police Station, Kolathur, Mettur Taluk, Salem District.

7. Selvi

8. Gopal

9. Kuppusamy

10. Prakash ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent/Revenue Divisional

Officer, Mettur, to take up and hear the petitioner's appeal petition dated 20.01.2022 along with the stay application filed as against the order passed by the third respondent/Tahsildar, Mettur vide Na.Ka.3882/2021/A1 dated 19.01.2022 and decide the same within the time fixed by this Hon'ble Court and till such time direct the respondents 7 to 10 not to proceed with the illegal construction in the name of temple.

For Petitioner : Mr.K.Premkumar For R1 to R6 : Mr.S.Rajesh Government Advocate For R7 to R10 : Mr.N.Naganathan

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the second respondent/Revenue Divisional Officer, Mettur, to take up and hear the petitioner's appeal petition dated 20.01.2022 along with the stay application filed as against the order passed by the third respondent/Tahsildar, Mettur vide Na.Ka.3882/2021/A1 dated 19.01.2022 and decide the same within the time fixed by this Hon'ble Court and till such time direct the respondents 7 to 10 not to proceed with the illegal construction in the name of temple.

2.

Heard Mr.K.Premkumar, learned counsel appearing for the petitioner, Mr.S.Rajesh, learned Government Advocate appearing for the respondents 1 to 6 and Mr.N.Naganathan, learned counsel appearing for the respondents 7 to 10.

3.

Without expressing any opinion on the merits of the writ petition, the second respondent is directed to entertain the appeal filed by the petitioner, dated 20.01.2022 by registered post along with the stay application filed as against the order passed by the third respondent, vide Na.Ka.3882/2021/A1 dated 19.01.2022, after giving an opportunity of hearing to the petitioner and the respondents 7 to 10 herein, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

4.

With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar mn To

1. The District Collector, Salem District, at Salem.

2. The Revenue Divisional Officer, Mettur, Salem District.

3. The Tahsildar, Mettur Taluk, Mettur, Salem District.

4. The Village Administrative Officer, Thinnapatti Village, Mattur Taluk, Salem District.

5. The Superintendent of Police, Salem District at Salem.

6. The Inspector of Police, Kolathur Police Station, Kolathur, Mettur Taluk, Salem District.

+1cc to M/s.K.Prem Kumar, Advocate, S.R.No.5305 +1cc to M/s.N.Naganathan, Advocate, S.R.No.5769 +1cc to the Government Pleader, S.R.No.5658 W.P.No.1126 of 2022 and W.M.P.No.1184 of 2022 KSM(CO) SU(11/02/2022)