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Madras High CourtWP/8621/2020disposed of

The President v. The District Collector

2023-06-02Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.8621 of 2020 and W.M.P.No.10436 of 2020 The President, Belukurichi Panchayat, Belukurichi Post, Sendmangalam Taluk, Namakkal District - 637 402.

...

Petitioner Vs.

1. The District Collector, Namakkal District.

2. The Revenue Divisional Officer, Namakkal.

3. The District Revenue Officer, Namakkal.

4. The Tahsildar, Namakkal District.

5. T.Ramalingam .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the 2nd respondent in Na.Ka.No./1521/2020/M1 dated 28.02.2020, quash it as illegal & irregular and further direct the respondents not to interfere with the 1/5

weekly market being conducted at S.No.390/1, Belukurichi Village, Senthamangalam Taluk, Namakkal District.

For Petitioner : Mr.V.Raghavachari For R1 to R3 : Mr.V.Manoharan, AGP

O R D E R

This writ petition has been filed seeking for issuance of a writ of certiorarified mandamus to quash the order passed by the 2nd respondent in Na.Ka.No./1521/2020/M1 dated 28.02.2020 and further direct the respondents not to interfere with the weekly market being conducted at S.No.390/1, Belukurichi Village, Senthamangalam Taluk, Namakkal District.

2. Alleging the order dated 28.02.2020 passed by the second respondent ousting the villagers from conducting the shandy / weekly market at S.No.390/1, the present writ petition has been filed.

3. The learned counsel appearing for the petitioner submits that though the impugned order was passed in favour of the petitioner to conduct shandy weekly market, the said order was not implemented by the second respondent. Hence, this Court may direct the second respondent to implement the order dated 28.02.2020.

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4. The learned counsel appearing for the respondents 1 to 3 submits that the impugned order dated 28.02.2020 will be implemented with letter and spirit and without prejudice to the rights of the parties of the writ petition pending before this Court in W.P.No.29505 of 2016.

5. In the light of the above submissions, this Court directs the second respondent to implement the order in Na.Ka.No.1521/2020/M1 dated 28.02.2020, if there is no legal impediment within a period of four (4) weeks from the date of receipt of a copy of this order.

6. With the above observation and direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (1/2) rap Index : Yes / No Speaking order : Yes / No NCC : Yes / No M.DHANDAPANI, J.

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rap To

1. The District Collector, Namakkal District.

2. The Revenue Divisional Officer, Namakkal.

3. The District Revenue Officer, Namakkal.

4. The Tahsildar, Namakkal District.

(1⁄2) W.M.P.No.10435 of 2020 4/5

in W.P.No.8621 of 2020 M.DHANDAPANI., J.

Dispensed with for the present.

(2/2) (rap) 5/5