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Madras High CourtWP(MD)/794/2021disposed of

Arumugam.S v. The District Collector

2021-01-20Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.794 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.794 of 2021 and W.M.P.(MD) Nos.653 & 655 of 2021 (Through Video Conferencing) S.Arumugam : Petitioner Vs.

1.The District Collector Madurai District, Madurai.

2.The Revenue Divisional Officer, O/o.the Revenue Divisional Office, Usilampatti, Madurai District.

3.The Tahsildar, O/o Tahsildar, Usilampatti Madurai District.

4.The Panchayat President Vikkiramangalam Panchayat, Usilampatti Taluk Madurai District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No.../2020 on the file of the respondent No.4 dated 23.12.2020 and quash the same as illegal and consequently direct the respondents to provide patta to the petitioner in survey No.190/1 or any other alternative place at Adi-Dravidar Colony, Udankattupatti, Kodikulam Post, Usilampatti Taluk, Madurai District within the time stipulated by this Court.

For Petitioner : Mr.T.Thirumurugan For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner is challenging the impugned notice dated 23.12.2020 on the premise that he has not been put on notice before passing the same.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.794 of 2021

2. Though the learned Special Government Pleader submitted that the request made by the petitioner earlier for issuance of patta is not feasible for consideration, we are concerned with the order of eviction passed, inasmuch as the said order does not indicate the petitioner having been heard, we are inclined to treat the same as show cause notice. The petitioner is given four weeks time, from the date of receipt of a copy of this order, to give reply. After reply, appropriate orders would be passed within a further period of four weeks. Till such time, status quo as on today shall be maintained.

3. The writ petition stands disposed of with the above direction. No costs. Consequently connected Miscellaneous Petitions are also closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector Madurai District, Madurai.

2.The Revenue Divisional Officer, O/o.the Revenue Divisional Office, Usilampatti, Madurai District. 3.The Tahsildar, O/o Tahsildar, Usilampatti, Madurai District. 4.The Panchayat President Vikkiramangalam Panchayat, Usilampatti Taluk, Madurai District.

+1 CC to M/s.SPL GP ( SR-1669[F] dated 21/01/2021 ) +1 CC to M/s.T.THIRUMURUGAN, Advocate ( SR-1462[F] dated 20/01/2021 ) W.P.(MD)No.794 of 2021 20.01.2021 PU(CO) KB(01.02.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2