Savarimuthu.P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.2292 of 2024 and W.M.P.(MD)No.2303 of 2024 P.Savarimuthu ... Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Taluk Office, Thiruvadanai Taluk, Ramanathapuram District.

3.The Block Development Officer, Thiruvadanai Taluk, Ramanathapuram District.

4.The President, Kattivayal Panchayath, Thiruvadanai Taluk, Ramanathapuram District.

5.S.Rajkumar ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the Tahsildar, Thiruvadanai dated 6.1.2024 made in O.Mu(B5)/029/2024 and quash the same in respect of subject land of the petitioner situate in Survey No.322/11 at Keelakurichi Village, Pullur Group, Thiruvadanai Taluk, Ramanathapuram District and consequently direct the Tahsildar, Thiruvadanai, the 2nd respondent herein to follow the guidelines given in the order passed in the writ petition in W.P.(MD) No.22864 of 2023 on the file of this Court and conduct fresh enquiry. For Petitioners :Mr.S.Siva Thilakar For Respondents :Mr.K.Balasubramani, Special Government Pleader for R1 to R4 : no appearance for R5

ORDER

The petitioner has been informed by the Tahsildar, Thiruvadanai that he has to vacate from Survey No.322/11 as it has been classified as channel. It is fairly stated that order under Section 6 is yet to be served on the petitioner. It is open to the petitioner to place all the materials in his defence before the second respondent. The second respondent will consider the same and pass a speaking order. If the petitioner's defence is accepted, further proceedings will be dropped. If the petitioner's defence is overruled, final order under Section 6 shall be passed.

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2. With this liberty to the petitioner and direction to the second respondent, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [B.P., J.] 27.02.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Taluk Office, Thiruvadanai Taluk, Ramanathapuram District.

3.The Block Development Officer, Thiruvadanai Taluk, Ramanathapuram District.

4.The President, Kattivayal Panchayath, Thiruvadanai Taluk, Ramanathapuram District.

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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

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