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Madras High CourtWP(MD)/47/2023dismissed

Sammandapuram Sri Ramasamy Temple v. The District Collector

2023-01-04Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.67 of 2023 Sammandapuram Sri Ramasamy Temple, Through its Managing Trustee, Sammandapuram, Palayapalayam, Rajapalayam, Viruthunagar District.

... Petitioner Vs 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Revenue Officer, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, Sattur, Virudhunagar District.

4.The Tahsildar, Rajapalayam Taluk, 1/4

5.The Commissioner, Rajapalayam Municipality, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, direct the first respondent to dispose of the appeal filed by the Petitioner as against the order of the third respondent in Moo.Mu.A4/6148/2021 dated 30.12.2021 within the time stipulated by this Court and till then restrain the respondents from making any construction in Survey No. 77A/9A and 77A/3 situated at Sammandapuram, Pallapalayam, Rajapalayam, Virudhunagar District.

For Petitioner : Mr.M.Kannan For Respondents : Mr.B.Saravanan Additional Government Pleader for R.1 to R.4 Mr.N.Dilipkumar Standing Counsel for R.5

ORDER

Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the respondents 1 to 4 and the learned Standing Counsel appearing for the fifth respondent.

2. The primary prayer is for disposal of the petitioner's appeal. When the matter was taken up for hearing, the learned Additional Government Pleader 2/4

produced a copy of the order dated 20.04.2022 passed on the District Collector rejecting the petitioner's request. The petitioner has to necessarily challenge the said rejection order. All the contentions and remedies of the writ petitioner are left open.

3. With this liberty to the petitioner, this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

04.01.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Revenue Officer, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, Sattur, Virudhunagar District.

4.The Tahsildar, Rajapalayam Taluk, Rajapalayam, Virudhunagar District.

3/4

G.R.SWAMINATHAN, J.

MGA 5.The Commissioner, Rajapalayam Municipality, and W.M.P(MD)No.67 of 2023 04.01.2023 4/4