Singaravelu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA AND THE HON'BLE MRS. JUSTICE R. KALAIMATHI W.P.No. 13233 of 2024 and W.M.P.Nos.14376 & 14377 of 2024 Singaravelu .. Petitioner

Versus

1. The District Collector, Perambalur Districrt.

2. The Tahsildar, Veppanthattai 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, calling for the records of the second respondent passed in his proceedings dated 30.04.2024 vide Na.Ka.A1/682/2023 and quash the same and consequently direct the first respondent to decide the appeal filed by the petitioner on 30.04.2024 through registered post which was served to the first respondent on 02.05.2024. For Petitioner : Mr.G.Ilamurugu For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

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(Made by A.D.JAGADISH CHANDIRA, J.) With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The Writ Petition is filed by the petitioner to quash the impugned proceedings of the second respondent dated 30.04.2024 and consequently direct the first respondent to decide the appeal filed by the petitioner on 30.04.2024 through registered post which was served to the first respondent on 02.05.2024.

3. Heard Mr.G.Ilamurugu, learned counsel appearing for the petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing for the first respondent and perused entire materials available on record.

4. It is the case of the petitioner the property in Survey No.321/19A of an extent of 110 sq.meters situated in Pillangulam Majira, Ayyanar Palayam, Veppanthattai Taluk, Perambalur District originally belonged to his grandfather and he is in the possession, however, the second respondent has passed an order dated 30.04.2024 directing the petitioner to vacate the premises. Hence, the petitioner has filed an appeal before the first respondent on 30.04.2024. It is the grievance of the petitioner that pending disposal of the appeal, the second 2/4

respondent has initiated the vacate proceedings. Hence, this writ petition.

5. Considering the limited relief sought for in this writ petition, this Court without going into the merits of the case directs the first respondent to consider the appeal dated 30.04.2024 and pass pass appropriate orders on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this Order. Till such time, the order of the second respondent in Na.Ka.A1/682/2023 dated 30.04.2024 shall be kept abeyance.

6. In view of the above, this writ petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed. [A.D.J.C., J.] [R.K.M., J.] 08.05.2024 dhk Internet : Yes Index : Yes/No A.D.JAGADISH CHANDIRA, J.

and 3/4

R. KALAIMATHI, J.

dhk To

1. The District Collector, Perambalur Districrt.

2. The Tahsildar, Veppanthattai Taluk, Perambalur District.

WP No.13233 of 2024 08.05.2024 4/4