P.Senthil Kumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU P.Senthil Kumar ..

Petitioner in WP No.24869/23 P.Damodaran ..

Petitioner in WP No.24873/23 S.Krishnan ..

Petitioner in WP No.24877/23 Vs.

1. The District Collector Tiruvallur District Collector Office Tiruvallur 602 024.

2. The Revenue Divisional Officer SP Nagar, Kakkalur Tiruvallur 602 003.

3. The Tahsildar Avadi Taluk Office Spurtank Road Avadi, Chennai 600 054.

4. The Member Secretary CMDA, Egmore Chennai 600 008.

..

Respondents Prayer: Petitions filed under Article 226 of the Constitution of India seeking a writ of Certiorari calling for the records of the second respondent in Proceedings No.Na.Ka.350/2023/Aa1 dated 20.07.2023 in respect of the petitioner lands to an extent of 3 acres of lands comprised in S.Nos.9/3, 10/1, 10/2 & 11/5, 46 cents in S.No43/1B and 47 cents in S.No.43/1A respectively situated at Karunagaracheri Village, Avadi Taluk, Tiruvallur District and quash the same as illegal. For the Petitioners : Mr.P.Rajendra Kumar For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mr.K.M.D.Muhilan Additional Government Pleader for Respondents 1 to 3

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.P.Rajendra Kumar, learned counsel for the petitioners and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mr.K.M.D.Muhilan, learned Additional Government Pleader for the respondents 1 to 3

2. The petitioners are challenging the notice issued under Section 3 of the Tamil Nadu Irrigation Works (Construction of Field Bothies) Act, 1959.

3. The notice itself states that the petitioners have a remedy of appeal before the District Collector under Section 4 of the said Act.

4. Learned counsel for the petitioners submits that by way of abundant caution, the petitioners have filed appeals. However, as the authority issuing the said notice does not possess the jurisdiction, the present writ petitions are filed.

5. Once the petitioners have already filed statutory appeals under the Act, the present writ petitions ought not to have been filed, nor the same can be entertained. The petitioners can raise all the defences available to them before the appellate authority where the appeals are filed and pending. Naturally, the grounds raised by the present petitioners will have to be considered by the appellate

authority, while deciding the appeals.

6. The writ petitions are, accordingly, disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.24291, 24295 and 24298 of 2023 are closed.

(S.V.G., CJ.) (P.D.A., J.) 24.08.2023 Index :

Yes/No :

Yes/No kpl To

1. The District Collector Tiruvallur District Collector Office Tiruvallur 602 024.

2. The Revenue Divisional Officer SP Nagar, Kakkalur, Tiruvallur 602 003.

3. The Tahsildar Avadi Taluk Office Spurtank Road, Avadi, Chennai 600 054.

4. The Member Secretary CMDA, Egmore, Chennai 600 008.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) W.P.Nos.24869, 24873 & 24877 of 2023 24.08.2023