Madras High CourtWP(MD)/2823/2018dismissed

Petchiammal, v. The District Collector,

2018-02-13Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.2823 of 2018 and W.M.P(MD)Nos.2973 and 2974 of 2018 1.Petchiammal 2.Pandiammal 3.Ganesan 4.Manikandan 5.Arivalagan ...

Petitioners Vs.

1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Usilampatti, Madurai District.

3.The Tahsildar, Thirumangalam Taluk, Madurai District.

4.Peyapandian 5.Dhanalakshmi ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records from the file of the first respondent relating to the impugned order dated 21/08/2017 in Na.Ka.No.109/2014 so far as the properties in Survey No.4/1A 4/2C and 2/1 Chettikulam Village, Thirumangalam Taluk, Madurai District totally measuring 1 Acre 72 Cents are concerned and quash the same.

For Petitioner : Mr.J.Barathan For Respondents 1-3 : Mr.M.Rajarajan, Government Advocate.

ORDER

Challenging the order granting lease in favour of the fifth respondent, the present writ petition has been filed. 2.Admittedly, there is an appeal remedy available before the Director, Geology and Mining against the order passed by the first respondent and thereafter, another appeal remedy is also provided to the Government. The petitioner has approached this Court without exhausting such appeal remedy and therefore, the writ petition is not maintainable. Accordingly, the writ petition is dismissed. However, liberty is granted to the petitioner to file an https://hcservices.ecourts.gov.in/hcservices/

appeal before the Director Geology and Mining, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such appeal, the Director, Geology and Mining is directed to consider the same and pass appropriate orders. No costs. Consequently, W.M.P(MD)Nos.2973 and 2974 of 2018 are closed. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Usilampatti, Madurai District.

3.The Tahsildar, Thirumangalam Taluk, Madurai District.

Copy to: The Director, Geology and Mining, Madurai.

+1cc to M/S.T.R.Jeyapalam, Advocate SR.No. 48567 +1cc to Special Government Pleader, SR.No. 48942 Writ Petition (MD) No.2823 of 2018 SMS JM/SKN RSK/SAR 1/01.03.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/