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Madras High CourtWP/39454/2016disposed of

M.Loganathan, v. The Tahsildar Cum Executive

2016-11-11Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 11.11.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition No.39454 of 2016 and WMP.Nos.33734 & 33735 of 2016 M.Loganathan .. Petitioner Vs.

1.The Tahsildar cum Executive Magistrate, Cheyyur Taluk, 2.The Village Administrative Officer, 75, Kalpattu Village, Ozhavetti Post, Cheyyur Taluk, 3.The Inspector of Police, Cheyyur Police Station, Cheyyur, 4.Lakshmanan .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a writ of certiorari, calling for the records relating to the proceedings of the first respondent dated 03.08.2016 in Na.Ka.3561/2016/A1 and to quash the same.

For Petitioner : Mr.G.Magesh Kumar For Respondent : Mr.A.Kumar, Spl.GP Nos.1 to 3

O R D E R

By consent, the writ petition itself is taken up for final disposal.

2.The writ petition is filed by the petitioner challenging the proceedings of the first respondent dated 03.08.2016 in Na.Ka.3561/2016/A1 and to quash the same.

3.Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing on behalf of the respondents 1 to 3.

4.It appears that the petitioner after passing of the impugned order dated 03.08.2016, has already filed a suit in O.S.No.131 of 2016 though admittedly, for an injunction and not for a declaration. Even otherwise, as per the impugned proceedings, the festival was already over on 09.08.2016. Though it is only an interim direction, but according to the petitioner, it was the final order passed by the respondents. If it is so, he can seek his remedy by way of filing an appeal before the appropriate forum or even otherwise, if the matter is seized by the Civil Court, then he can abide by the order passed by the Civil Court and can raise all his pleas before it. 5.With the above observations, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are also closed. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar DP To 1.The Tahsildar cum Executive Magistrate, Cheyyur Taluk, 2.The Village Administrative Officer, 75, Kalpattu Village, Ozhavetti Post, Cheyyur Taluk,

3.The Inspector of Police, Cheyyur Police Station, Cheyyur, +1 cc to the Government Pleader sr 65490 Writ Petition No.39454 of 2016 and WMP.Nos.33734 & 33735 of 2016 sk(co) aa08/12/2016