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Madras High CourtWP/31695/2017disposed of

K.R.Sivaraj v. The District Collector

2023-03-24Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2023 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM K.R.Sivaraj ..

Petitioner vs

1. The District Collector Uthagamandalam District Uthagamandalam.

2. The Revenue Divisional Officer Coonoor, Uthagamandalam District.

3. The Tahsildhar Kothagiri Taluk Uthagamandalam District.

4. The Revenue Inspector Kothagiri Sub Division Kothagiri, Uthagamandalam District.

5. The Village Administrative Officer Naduhatty - 1 Village Kothagiri Taluk Uthagamandalam District.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus, forbearing the respondents or their subordinates from interfering with the agricultural activities of the petitioner in the patta land Old Survey No.845/1 and New Survey No.1099/3 situate at Naduhatty Village, Kothagiri Taluk, Uthagamandalam District admeasuring to an extent of 50 cents and 83 cents of Tea garden in to parcels by using KOBOTA U 30 -5 (29HP).

For the Petitioner : Mr.N.Anand For the Respondents : Mr.S.Ravichandran Additional Government Pleader for respondents 1 to 5

ORDER

The prayer sought for in the present writ petition is to forbear the respondents or their subordinates from interfering with the agricultural activities of the petitioner in the patta land Old Survey No.845/1 and New Survey No.1099/3 situated at Naduhatty Village, Kothagiri Taluk, Uthagamandalam District measuring to an extent of 50 cents and 83 cents of tea garden in to parcels by using KOBOTA U 30 -5 (29HP).

2. The grievances of the writ petitioner is with regard to the usage of

KOBOTA U 30 -5 (29 HP) machine for agricultural purposes, which cannot be adjudicated before the High Court in a writ proceedings. The adjudication in this regard is to be done with reference to the statute and Rules in force and the petitioner has to establish that he has not committed any violation or irregularities. Since the regulations are to be followed in the matter of granting permission to use a machine with particular capacity, the petitioner has to approach the competent authority for the purpose of adjudication and passing orders.

3. The learned Additional Government Pleader brought to the notice of this Court that the area is earmarked as an elephant corridor and the authorities are open to take note of this factor.

4. This being the factum placed before this Court, the petitioner is at liberty to approach the competent authority for the purpose of grant of permission and establish his case through documents and evidences. On receipt of the same, the competent authority shall decide the same on merits

and in accordance with law.

5. With these directions, the writ petition is disposed of. There will be no order as to costs.

Index : Yes/No 24.03.2023 Neutral Order:Yes/No drm

To:

1. The District Collector Uthagamandalam District Uthagamandalam.

2. The Revenue Divisional Officer Coonoor, Uthagamandalam District.

3. The Tahsildhar Kothagiri Taluk Uthagamandalam District.

4. The Revenue Inspector Kothagiri Sub Division Kothagiri, Uthagamandalam District.

5. The Village Administrative Officer Naduhatty - 1 Village Kothagiri Taluk Uthagamandalam District.

S.M.SUBRAMANIAM,J.

(drm) 24.03.2023