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Madras High CourtWP/1072/2017disposed of

R.Sundaramoorthy v. The District Collector

2017-01-18Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.01.2017

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.1072 of 2017 & W.M.P.No.1027 of 2017 R.Sundaramoorthy ... Petitioner Vs.

1.The District Collector, Erode District, Erode.

2.The Sub Collector, Sub Collectorate Office, Gobichettipalayam, Erode District.

3.The Tahsildar, Sathyamangalam Taluk Office, Erode District.

4.M.Subramaniam 5.M.Shanmugam ... Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the entire records pertaining to impugned orders passed by the third respondent, in Mu.Mu.7793/2014/S1, dated 31.07.2014 and confirm by the second respondent in his proceedings in Pa.Mu.10326/2013/A2, dated 17.10.2016 and to quash the same as illegal, incompetent and ultravires and consequently directing the respondents 1 to 3 to delete the names of the respondents 4 & 5 for an extent of 1.51.0 hectares (1-acres, 0.51 hectares) in Patta No.250, in RS.No.108/4 and corresponding Old S.F.No.136/A, situated No.69, Maarayeepalayam Village, Sathyamangalam Taluk, Erode District. For Petitioner : Mr.MA.P.Thangavel For Respondent Nos.1 to 3: Mr.A.Kumar Special Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus, to call for the entire records pertaining to impugned orders passed by the third respondent, in Mu.Mu.7793/2014/S1, dated 31.07.2014 and confirmed by the second respondent in his proceedings in Pa.Mu.10326/2013/A2, dated 17.10.2016 and to quash the same and consequently, direct the respondents 1 to 3 to delete the names of the respondents 4 and 5 for an extent of 1.51.0 hectares (1-acres, 0.51 hectares) in Patta No.250, in RS.No.108/4 and corresponding Old S.F.No.136/A, situated at No.69, Maarayeepalayam Village, Sathyamangalam Taluk, Erode District.

2.Today when the matter is taken up for consideration, the learned Special Government Pleader appearing for the respondents 1 to 3 would submit that there is an appeal provision available to the petitioner to challenge the proceedings before the District Revenue Officer.

3.In such view of the matter, the Writ Petition is closed, with liberty to the petitioner to challenge the proceedings before the concerned appellate authority, namely, District Revenue Officer. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sri To 1.The District Collector, Erode District, Erode.

2.The Sub Collector, Sub Collectorate Office, Gobichettipalayam, Erode District.

3.The Tahsildar, Sathyamangalam Taluk Office, Erode District.

+1cc to Mr.MA.P.Thangavel, Advocate Sr.4035 [30/01/2017] W.P. No.1072 of 2017 sk[co] srg 18/01/2017