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Madras High CourtWA(MD)/424/2021dismissed

S.Manickavasagam v. The District Collector

2021-02-24Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.A.(MD)No.424 of S.Manickavasagam ... Appellant/Writ Petitioner Vs.

1. The District Collector,

2. The Revenue Divisional Officer,

3. The Tahsildhar, Aruppukottai Taluk,

4. Taluk Surveyor, Aruppukottai Taluk, Aruppukottai.

5. The Commissioner, Aruppukottai Municipality, Aruppukottai.

6. Sivarama Ganesh ... Respondents/Respondents Writ Appeal filed under Clause XV of Letters Patent Act, against the order dated 19.01.2021 made in W.P.(MD)No.565 of 2021. Prayer in WP(MD). 565/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarifeid Mandamus calling for the records relating with the impugned order in PA.MU.AA 4/58/2020 dt 28/11/2020, passed by the 2nd respondent and quash the same as it is illegal and in consequence to direct the respondent 1 to 5 to restore the patta to the site measuring 0.0168.5 Sq.mtr in T.S.No.14/2, in Ward - C Block No.18 (New Ward No.3), in Aruppukottai in the name of the petitioner after cancelling the subdivision T.S.No.14/4, made in favour of the 6th respondent.

1/3

For Appellant : Mr.R.Suriyanarayanan For Respondents : Mrs.J.Padmavathi Devi, 1 to 4 Special Government Pleader Respondent 5 : Mr.N.Dilipkumar Standing Counsel

JUDGMENT

[Judgment of the Court was delivered by M.M.SUNDRESH, J.] The learned Single Judge declined the relief sought for by the appellant, taking note of the fact that appeal is provided against the order impugned.

2. The learned counsel for the appellant submitted that the order is a cryptic one.

3. We do not agree with the submission made as the reasons are assigned in the order passed by the learned Single Judge.

4. In such view of the matter, we are not inclined to interfere with the order passed by the learned Single Judge. Accordingly, the Writ Appeal is dismissed. However, taking into account the fact that the appellant has approached this Court, we are inclined to grant a further six weeks' time from the date of receipt of a copy of this Judgment, to file an appeal. When such appeal is filed, the appellate authority shall not reject the same on the ground of limitation. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) Ogy To

1. The District Collector, 2/3

2. The Revenue Divisional Officer,

3. The Tahsildhar, Aruppukottai Taluk,

4. Taluk Surveyor, Aruppukottai Taluk, Aruppukottai.

5. The Section Officer, "ER" Section, Madurai Bench of Madras High Court, Madurai.

(To return the Original Papers to Petitioner's Counsel) +1 CC to Mr.N.DILIP KUMAR, Advocate ( SR-7128[F] dated 25/02/2021 ) 24.02.2021 KM (10.03.2021) 3P 7C 3/3