A.Ramesh v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.10325 of 2021 A. Ramesh ... Petitioner vs.

1. The District Collector, Perambalur

2. The Tahsildar, Kunnan Taluk Office, Perambalur

3. The Block Development Officer, Union Office, Veppur Village, Perambalur.

4. The Revenue Inspector, Keelapuliyur Kunnan Taluk, Perambalur District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the 1/5

publication of the file of the 4th respondent dated 02.05.2019 and quash the same as illegal and irregular and further direct the respondents not to raise any construction over the road situated in Survey No.145, Elumur(E)472 Village, Kunnan Taluk, Perambalur District and pass orders. For Petitioner : Mr.V. Raghavachari For Respondents : Mr.U. Baranidharan Additional Government Pleader

ORDER

This writ petition has been filed challenging the order dated 02.05.2019 passed by the fourth respondent.

2. The case of the petitioner is that the petitioner is the owner of the subject property and the fourth respondent has issued the impugned notice proposing to subdivide the road running south of petitioner's property for the construction of milk vending machine. Subsequently on 04.05.2019 a publication was issued to the Revenue officials seeking opinion regarding the construction of milk vending machine in the subject area. Thereafter on 04.12.2019 the District Collector, Perambalur has published a notification that the said property is excluded from the Perambalur District. 2/5

3. In view of the above fact that the petitioner has challenged the order passed by the 4th respondent dated 02.05.2019 and the same has become infructuous by the order passed by the District Collector on 04.05.2019, hence, the prayer sought for by the petitioner cannot be granted at this stage. However the petitioner is at liberty to challenge the order dated 04.05.2019 passed by the first respondent by filing a fresh writ petition.

4. With the above observations this writ petition stands disposed of. No Costs. Consequently the connected miscellaneous petition is closed. 24.11.2022 Index :

Yes/No Speaking order :

Yes/No smn To

1. The District Collector, Perambalur 3/5

2. The Tahsildar, Kunnan Taluk Office, Perambalur

3. The Block Development Officer, Union Office, Veppur Village, Perambalur.

4. The Revenue Inspector, Keelapuliyur Kunnan Taluk, Perambalur District M.DHANDAPANI,J.

smn 4/5

and W.M.P.No.10325 of 2021 24.11.2022 5/5