Madras High CourtWP(MD)/222/2022disposed of

Sudhakar Jayaraj v. The District Collector (In-Charge) And District Revenue Officer

2025-01-02Honourable Mr Justice G.K. Ilanthiraiyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P(MD)No.222 of 2022 and W.M.P(MD)Nos.157 and 159 of 2022 Sudhakar Jayaraj ... Petitioner Vs 1.The District Collector(in charge) and District Revenue Officer, Ramanathapuram District, Ramanathapuram.

2.The Sub Collector, 3.The Revenue Divisional Officer, 4.The Tahsildar, 5.The Executive Officer, Mandapam Town Panchayat, 6.The Superintendent of Police, Ramnathapuram District.

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7.The Deputy Superintendent of Police, 8.M.Palsamy 9.Manohari 10.Marichamy 11.Chithra Devi (Respondents 8 to 11 are impleaded as per order of this Court made in W.M.P(MD)No.3793 of 2022 in W.P(MD)No.222 of 2022, dated 8.2.2023) ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the first respondent District Collector(in charge) and District Revenue Officer vide proceedings in Mu.Mu.(C2)/50732/20210, dated 8.10.2021(received on 21.10.2021) and to quash the same and further to direct the respondents to grant permission to run the Petitioner's resort namely ''Cabana Coral Reef''. For Petitioner : Mr.K.Ragatheesh Kumar for M/s.Issac Chambers For RR 1 to 5 : Mr.D.Gandhiraj Spl.Govt.Pleader For RR6 and 7 : Mrs.M.Aasha Govt.Advocate(Crl.Side) For RR 8 to 11 :M/s.Prokodi Karnan for M/s.Polex Legal Solution 2/6

ORDER

This Writ Petition has been filed challenging the impugned order passed by the first respondent District Collector(in charge) and District Revenue Officer vide proceedings in Mu.Mu. (C2)/50732/20210, dated 8.10.2021(received on 21.10.2021) and to quash the same and further to direct the respondents to grant permission to run the Petitioner's resort namely ''Cabana Coral Reef''.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.Pending the Writ Petition, the Petitioner made request before the first respondent and on receipt of the same, by order dated 13.12.2022, the Petitioner was directed to submit an application before the fifth respondent. Further, the fifth respondent, on receipt of the said application, was directed to conduct an inspection and submit a report. At the same time, the fourth respondent was also directed to conduct an inspection and submit a report. In the meanwhile, the Petitioner was directed to use the resort for his family members and friends. Futher, specific condition was imposed to the effect that the Petitioner shall not use the 3/6

resort for commercial purpose. Now the application is pending on the file of the fifth respondent.

4.In view of the above, the fifth respondent is directed to submit a report after conducting an inspection, before the first respondent within a period of six weeks from the date of receipt of a copy of this order, if not already submitted the report. At the same time, the fourth respondent is directed to conduct an inspection and submit a report before the first respondent, within a period of six weeks from the date of receipt of a copy of this order. On receipt of both reports, the first respondent is directed to conduct an enquiry after giving an opportunity of hearing to the Petitioner as well as to the respondents 8 to 11 and pass orders on merits and in accordance with law, on the basis of the reports submitted by the respondents 4 and 5 within a period of six weeks thereafter. 5.With the above directions, the Writ Petition stands disposed of. There is no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

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NCC : Yes / No Index : Yes / No Internet : Yes vsn To 1.The District Collector(in charge) and District Revenue Officer, Ramanathapuram District, Ramanathapuram.

2.The Sub Collector, 3.The Revenue Divisional Officer, 4.The Tahsildar, 5.The Executive Officer, Mandapam Town Panchayat, 6.The Superintendent of Police, Ramnathapuram District.

7.The Deputy Superintendent of Police, 5/6

G.K.ILANTHIRAIYAN, J.

vsn Order made in W.P(MD)No.222 of 2022 and W.M.P(MD)Nos.157 and 159 of 2022 02.01.2025 6/6