G.Murali v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-07-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH G.Murali S/o.Govindasamy, Chendarapalli Village, Anchoor Post, Bargur Taluk, Krishnagiri District.
Petitioner(s) Vs
1. The District Collector, Krishnagiri District, Krishnagiri.
2.The Tahsildar, Bargur Taluk, Krishnagiri District.
3.The Tahsildar Pochampalli Taluk, Krishnagiri District.
4.The District Revenue Officer, Krishnagiri District, Krishnagiri.
5.The Revenue Divisional Officer, Krishnagiri District, Krishnagiri.
6.The Asst. Director of Geology and Mining, Krishnagiri District, Krishnagiri.
7.P.Arputham, S/o.Perumanda Gounder, Pochampalli Taluk, Krishnagiri District.
Respondent(s)
PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus by calling for the records of the respondents, particularly the 2nd respondent's impugned notice dated 25.01.2025 vide Ref. Na.Ka. No.1200/ 2024/ A3 and quash the same and consequentially direct the respondents to desist to take any hasty steps take recovery or Attachment of property and to sale of the petitioner's property as against the petitioner or the petitioner's properties on the basis of the petitioner's representation dated 30.12.2024.
For Petitioner:
Mr.R.Thanjan For Respondents:
Mr.E.Vijay Anand, AGP
ORDER
This writ petition has been filed challenging the recovery proceedings initiated by the 2 nd respondent through the impugned notice dated 25.01.2025 and for a consequential direction to the respondents not to take steps to attach and sell the property belonging to the petitioner based on the representation made by the petitioner on 30.12.2024. 2.
Heard Mr.R.Thanjan, learned Counsel for the petitioner and Mr.E.Vijay Anand, learned Additional Government Pleader, for respondents 1 to 6.
3.
When the matter was taken up for hearing today, the learned Additional Government Pleader appearing on behalf of the official respondents produced the written instructions received from the Regional Joint Director,
Deputy Director (FAC), Department of Geology and Mining, Krishnagiri and the relevant portions are extracted hereunder:- i. The District Collector, Dharmapuri, proceedings in RC No.3643 /1991 /A-MInes dated 09.02.2002 had levided penalty for a sum of Rs.3,49,702/- on Thiru G Murali for indulging illegal quarrying of 12.425cbm of Grey Granite in SF Nos.281, 284 and 286 of Veeramalai Village, Pochampalli Taluk, Krishnagiri District. ii. Thiru G Murali defaulted in paying of said penalty amounts for long period of years, for taking necessary action on long pending arrears in respect of said demands the District Collector, Krishnagiri vide proceedings in Rc No.3643/1991 (Mines -1) dated 09.06.2007 had invoked RR Act for recovering the demands of Rs.3,49,702/- with 24% interest.
iii.
Accordingly, for taking further action on Recovery of said demand under RR Act, Tahsildar, Bargur have issued notice dated 25.01.2025 to the petitioner.
iv.
The Tahsildar, Krishnagiri, has acted in accordance with the provisions of Section 25 of the Revenue Recovery act, 1864. 4.
It is clear from the above that as early as in the year 2002 itself, the District Collector, Dharmapuri, had initiated proceedings for levy of penalty and the order has been passed on 09.02.2002. The petitioner has conveniently not stated anything about this in the affidavit filed in support of the writ petition and
the imposition of penalty has not been challenged. What has now been challenged is only the recovery proceedings that has been initiated under the Revenue Recovery Act. The petitioner cannot be permitted to challenge the consequential proceedings when the main proceedings has reached its finality. Unfortunately, the petitioner has not approached this Court by revealing all the material facts. The copy of the penalty proceedings of the District Collector, Dharmapuri, dated 09.02.2022 has also been placed before this Court. 5.
In view of the above, this Court does not find any merit in this writ petition and accordingly, the same is hereby dismissed. No costs. 22-07-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The District Collector Krishnagiri District, Krishnagiri.
2.Th Tahsildar Bargur Taluk, Krishnagiri District.
3.The Tahsildar Pochampalli Taluk, Krishnagiri District.
4.The District Revenue Officer Krishnagiri District, Krishnagiri.
5.The Revenue Divisional Officer Krishnagiri District, Krishnagiri.
6.The Asst. Director of Geology and Mining, Krishnagiri District, Krishnagiri.
7.P.Arputham, S/o.Perumanda Gounder, Pochampalli Taluk, Krishnagiri District.
N.ANAND VENKATESH J.
rka 22-07-2025