P.Periasamy v. The Secretary To Government

In the High Court of Judicature at Madras Dated: 20.02.2015 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice M.M. SUNDRESH Writ Petition No. 3980 of 2015 and M.P. No.1 of 2015

1. P. Periasamy

2. V. Ramalingam

3. Ponnammal

4. Santhi

5. Selvi

6. Periakaruppan

7. Kamalammal

8. Sekar

9. Mohammed Ali 10.Chandrahasan 11.Jayabeevi 12.Rani 13.Muthu 14.Selvamani 15.Subramani 16.Soundararajan 17.A.Ramalingam 18.Gopal 19.Ramamurthy .. Petitioners vs.

1. The Secretary to Government Government of Tamil Nadu Revenue Department Fort St. George Chennai 600 009.

2. The District Revenue Officer Thiruvallore District Collector's Office Thiruvallore.

3. The Tahsildar Ambathur Taluk Chennai 600 053.

4. The Chairman Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chennai 600 005.

.. Respondents --- PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the third respondent herein in Roc.No.8669/2014/C1 dated 23.01.2015, quash the same and direct the fourth respondent herein to issue final allotment orders/sale deeds for the respective plots in the occupation of the petitioners in Survey No.959 Part and 1052 Part of Korattur Village on collection of balance allotment amount.

--- For Petitioners : Mr. AR.L. Sundresan, Sr. Counsel for M/s. AL. Ganthimathi For Respondents : Mr. S.T.S. Murthi Govt. Pleader for R1 to R3.

Mr.R.Muthukumaraswamy, Sr.Counsel for Mr.V.Manoharan for Impleaded Parties.

---

O R D E R

(Made by The Hon'ble The Chief Justice) Learned Government Pleader concedes to the second query raised in our order dated 17.02.2015 that since the order was passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, the appeal would lie to the District Collector and the time period of appeal is thirty days. This concession is recorded.

2. The petitioners may, thus, take recourse to the appellate remedy in accordance with law, as conceded by the learned Government Pleader.

3. The writ petition accordingly stands disposed of. No costs. Consequently, M.P. No.1 of 2015 is closed.

ATR -s/d- Assistant Registrar(CO) Dt:27/2/2015 True Copy Sub-Assistant Registrar

Copies to;

1. The Secretary to Government Government of Tamil Nadu Revenue Department Fort St. George Chennai 600 009.

2. The District Revenue Officer Thiruvallore District Collector's Office Thiruvallore.

3. The Tahsildar Ambathur Taluk Chennai 600 053.

4. The Chairman Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chennai 600 005.

+ 1 cc to Mr.V.Manoharan, Advocate SR 9589 + 2 ccs to the Government Pleader High Court, Madras SRs. 9517 & 9514 prk(co) prk27/2 W.P. No. 3980 of 2015 and M.P.No.1 of 2015.