Karur District Mgr Handloom Weavers Association, v. The District Collector,

W.A.(MD)No.757 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.A.(MD)No.757 of 2021 and C.M.P.(MD)No.3401 of 2021 Karur District MGR Handloom Weavers Association, Reg.No.124/2003, Rep. by President, N.Palanichamy : Appellant Vs.

1.The District Collector, Karur District, Karur.

2.The District Revenue Officer, Karur, Karur District.

3.The Revenue Divisional Officer, Karur, Karur District.

: Respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent as against the order dated 23.02.2021 made in W.P.(MD)No.3484 of 2021. Prayer in WP(MD). 3484/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ, Order or direction, in the nature of WRIT OF CERTIORARI by calling the records relating to the proceedings of the 1st Respondent made in Na.Ka.No.A1/11703/2004 dated 11.01.2021 and quash the same and pass such further or other orders s this Honourable Court may deem fit and propr in the circumstances of the case and thus render justice. For Appellant : Mr.R.Murali For Respondents : Mrs.J.Padmavathi Devi, Special Government Pleader ***** https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.A.(MD)No.757 of 2021

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.) Though the learned Counsel appearing for the appellant submitted that it is a sale and that there is no condition breached, this is a disputed question of fact and therefore, it is for the appellant to substantiate the same before the first respondent by producing adequate materials.

2. In such view of the matter, we are not inclined to interfere with the order of the learned Single Judge. However, considering the facts of the case, we are inclined to grant a further period of four weeks time from the date of receipt of a copy of this judgment to the appellant to produce the materials before the first respondent for consideration and on receipt of the same, the first respondent shall consider and pass appropriate orders, in accordance with law, within a further period of four weeks thereafter. Needless to state that no coercive action is expected to be taken till such time.

3. In fine, this writ appeal stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) gk To 1.The District Collector, Karur District, Karur.

2.The District Revenue Officer, Karur, Karur District.

3.The Revenue Divisional Officer, Karur, Karur District.

+1 CC to M/s.R.MURALI, Advocate ( SR-14717[F] dated 31/03/2021 ) +1 CC to M/s.SPL GP ( SR-14997[F] dated 01/04/2021 ) W.A.(MD)No.757 of 2021 31.03.2021 https://hcservices.ecourts.gov.in/hcservices/ CN(19.05.2021) 2P 6 C 2/2