K.Ramasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.04.2022 CORAM :

THE HON'BLE MR. JUSTICE M.DURAISWAMY AND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI W.P.Nos.8686 & 8689 of 2022 and W.M.P.Nos.8608 & 8604 of 2022 K.Ramasamy ..Petitioner in both W.Ps Vs.

1.The District Collector, Namakkal.

2.The Revenue Divisional Officer, Tiruchengode Taluk, Tiruchengode.

3.The Tahsildar, O/o The Tahsildar, Kumarapalayam.

4.The Executive Officer, Pappampalayam Panchayat President, Pappampalayam Panchayat, Namakkal District.

..Respondents in both W.Ps Common Prayer: Petitions filed under Article 226 of the Constitution of India for issuance of Writ of certiorari calling for the records comprised in Na.Ka.No.01/2022 dated 30.03.2022 passed by the 4th respondent and quash the same. For Petitioner : Mr.P.K.Harinarh Babu (in both W.Ps) For Respondents : Mr.A.Selvendran, (in both W.Ps) Special Government Pleader (R1 to R3) Mr.P.Muthukumar, Government Pleader (R4) C O M M O N O R D E R (ORDER OF THE COURT WAS MADE BY M.DURAISWAMY, J.) The petitioner has filed the above Writ Petitions to issue Writs of Certiorari to call for the records relating to the order passed by the 4th respondent dated 30.03.2022 and to quash the same.

2.By the impugned orders dated 30.03.2022, the 4th respondent had called upon the petitioner to give his reply within seven days. The 4th respondent has further averred that the lands in question are waterbodies.

3.The learned counsel appearing for the petitioner submitted that the petitioner may be given seven days time to give his reply to the impugned notices dated 30.03.2022 and further direct the 4th respondent to pass final orders thereof. 4.Mr.A.Selvendran, learned Special Government Pleader taking notice for the respondents 1 to 3 and Mr.Muthukumar, learned Government Pleader taking notice for the 4th respondent submitted that the petitioner may be granted a week's time for giving his reply to the impugned orders and the 4th respondent may be directed to pass final orders thereafter. 5.Having regard to the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the matter, we grant seven days time from today to the petitioner to give his reply to the impugned orders dated 30.03.2022 to the 4th respondent and further we direct the 4th respondent to pass final orders after taking into consideration the reply to be submitted by the petitioner within a period of one week from the date of receipt of the reply.

6.The respondents are directed to maintain status quo till the orders are passed by the 4th respondent. 7.With these observations, the Writ Petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar va To 1.The District Collector, Namakkal.

2.The Revenue Divisional Officer, Tiruchengode Taluk, Tiruchengode.

3.The Tahsildar, O/o The Tahsildar, Kumarapalayam.

4.The Executive Officer, Pappampalayam Panchayat President, Pappampalayam Panchayat, Namakkal District.

+1cc to Government Pleader SR. No. 25296 +2ccs to Mr.V.Balamurugane, Advocate SR. No. 25308, 25307 W.P.Nos.8686 & 8689 of 2022 and W.M.P.Nos.8608 & 8604 of 2022 SRII (CO) PR (27/04/2022)