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Madras High CourtWP/8853/2020disposed of

Amaravathy Ramakulam v. The District Collector

2020-09-09Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.8853 of 2020 and WMP Nos.10759 to 10761 of 2020 Amaravathy Ramakulam Palayavaikal Pasana Vivasayigal Nala Sangam Rep by its President R.T.Mariyappan, S/o.Thirumurthy Goundar Ruthrapalayam Village & Post, Madathukulam, Ruthrapalayam, Madathukkulam Taluk, Tiruppur District 642 204.

[ PETITIONER ] Vs 1 The District Collector, The District Collector office, Tiruppur District.

2 The District Revenue Officer, The District Collector office, Tiruppur District.

3 The Revune Divisional Officer Udumalpet Taluk, Tiruppur District.

4 The Tahsildar, Tashildar office, Madathukulam Taluk.

5 The Sub Inspector of Police, Madathukulam police station, Madathukulam.

6 Avuthijain S/o.Anil Jain [ RESPONDENTS ] Prayer .:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of certiorari to call for the records pertaining to the impugned proceedings of the respondents 2 and 4 in Ni.Mu.No.10208/2019/A1 dated 18.10.2019 and Pa.Mu.3341/2018/A2 dated 21.10.2019 respectively and quash the same For Petitioner :

Mr.D.R.Arunkumar For Respondents : Mr.R.Govindasamy for R1 to R4 Special Government Pleader

Mr.B.Kumarasamy for R5 Mr.L.Chandrakumar for R6 for Mr.S.Gunalan

O R D E R

This matter is taken up for hearing through Video Conferencing mode.

2. This writ petition is filed challenging the proceedings of the respondents 2 and 4 dated 18.10.2019 and 21.10.2019, granting permission to the sixth respondent to lay pipeline.

3. Heard the learned counsel for the petitioner and the learned counsels appearing for the respondents.

4. Learned Special Government Pleader submitted that the petitioner has already approached the District Collector viz., the first respondent and made objections against such grant of permission to the sixth respondent and consequently, the District Collector directed the Revenue Divisional Officer and Tahsildar to conduct enquiry and file a report. He further submitted that the Tahsildar conducted enquiry and filed report before the District Collector and now, the matter is pending before the District Collector.

5. In view of the above, it is for the District Collector to consider the grievance of the respective parties and pass appropriate orders on merits and in accordance with law, after hearing the petitioner as well as the sixth respondent and other interested parties if any.

6. Accordingly, without expressing any view on the merits of the matter, this Writ Petition is disposed of, only with a direction to the first respondent/District Collector to pass orders on the representation/objections made by the petitioner on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as the sixth respondent and other interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order. Both the parties are at liberty to raise all the contentions before the District Collector. No costs. The connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vri/mk

To 1 The District Collector, The District Collector office, Tiruppur District.

2 The District Revenue Officer, The District Collector office, Tiruppur District.

3 The Revune Divisional Officer Udumalpet Taluk, Tiruppur District.

4 The Tahsildar, Tashildar office, Madathukulam Taluk.

5 The Sub Inspector of Police, Madathukulam police station, Madathukulam.

+1cc to Mr.S.Gunalan , Advocate SR.No. 29379 W.P.No.8853 of 2020 A.SK(06/11/2020)