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Madras High CourtWP/31584/2015dismissed

T. Rajavelu, v. The District Collector,

2021-10-07Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.31584 of 2015 and W.M.P.No.4693 of 2017 & 27582 of 2018 M.P.Nos. 1 & 2 of 2015 T.Rajavelu

...Petitioner

Vs

1. The District Collector, Villupuram District, Villupuram.

2. The Divisional Engineer, Highways Department, Kallakurichi Division, Villupuram District.

3. The Superintending Engineer, Highways Department, Villupuram District.

4. The Assistant Divisional Engineer, Highways Department, Sankarapuram, Villupuram District.

5. The Tahsildar, Sankarapuram Taluk, Villupuram District.

... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned proceedings issued by the

first respondent in Na.Ka.No.G3/11656/2010 dated 10/08/2015 and to quash the same.

For Petitioner : Mr.G.Sankaran For Respondents : Mr.K.M.D.Muhilan Government Advocate

ORDER

The recovery order dated 10.08.2015 is under challenge in the present writ petition.

2. The very same writ petitioner filed W.P. No.23320 of 2011, challenging the demand notice and subsequently, the District Collector, initiated recovery action and the said order is under challenge in the present writ petition.

3. The learned counsel for the petitioner states that pursuant to the interim order granted by this Court on 07.10.2015 in MP No.2 of 2015 in WP No.31584 of 2015, the petitioner had paid a sum of Rs.3,00,000/- (Rupees Three Lakhs only).

4. This being the factum, it is for the parties to adjudicate the disputed issues, in the manner known to law and before the competent Court of law and resolve the disputes.

5. In view of the fact that the present writ petition is filed based on the issues which were raised in the earlier writ petition filed by the writ petitioner in W.P.No.23320 of 2011, no further adjudication is required in this writ petition and accordingly, WP No.31584 of 2015, stands dismissed. No costs. Consequently, the connected Miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar nti/ars

To

1. The District Collector, Villupuram District, Villupuram.

2. The Divisional Engineer, Highways Department, Kallakurichi Division, Villupuram District.

3. The Superintending Engineer, Highways Department, Villupuram District.

4. The Assistant Divisional Engineer, Highways Department, Sankarapuram, Villupuram District.

5. The Tahsildar, Sankarapuram Taluk, Villupuram District.

+1cc to the Government Pleader, S.R.No.53238 W.P.No.31584 of 2015 AK-II(CO) SB(26/10/2021)