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Madras High CourtWP/2732/2024disposed of

R.Thilagavathy v. The District Collector

2024-03-08Honourable Dr Justice Anita Sumanth4 pages

2024:MHC:1235

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 08.03.2024

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH and WMP.No.3006 of 2024 R.Thilagavathy ... Petitioner 1.The District Collector Chengalpattu District, Chengalpattu.

2.The Tahsildar, Pallavaram Taluk, Pallavaram.

3.The Revenue Inspector, Pallavaram/Pammal, O/o. Pallavaram Taluk, Pallavaram.

.... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the impugned order of the 2nd respondent made in Na.Ka.3676/2023/A1, dated 10.12.2023, and quash the same.

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For Petitioner : Mr.S.Gopinathan For Respondents : Mr.E.Vijay Anand Additional Government Pleader

ORDER

The petitioner has challenged Revenue Recovery Proceedings for collection of the demand under order dated 21.01.2011. In an order passed in WP.No.4167 of 2024 filed by the very same petitioner, a direction was issued to the District Collector to dispose the appeal as against the aforesaid penalty order dated 21.01.2011 within a period of eight (8) weeks from date of receipt of a copy of that order. Hence, seen in conjunction with that order, and since the appeal is itself under consideration before the Appellate Authority, there is no justification for initiation of Revenue Recovery Proceedings now. 2.Incidentally, the petitioner has filed a stay application along with the appeal which is also pending before the authority. Hence, while reiterating the direction to the District Collector to dispose the appeal filed as against penalty order dated 21.01.2011, within a period of eight (8) weeks from 29.02.2024, this writ petition is disposed directing the authorities not to enforce the demand 2 / 4

arising from order dated 21.01.2011 till 29.04.2024 or till disposal of the appeal, whichever is earlier. No costs. Connected miscellaneous petition is closed. 08.03.2024 Index : Yes/No Speaking order To 1.The District Collector Chengalpattu District, Chengalpattu.

2.The Tahsildar, Pallavaram Taluk, Pallavaram.

3.The Revenue Inspector, Pallavaram/Pammal, O/o. Pallavaram Taluk, Pallavaram.

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DR.ANITA SUMANTH, J.

and WMP.No.3006 of 2024 08.03.2024 4 / 4