A.Guruviah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2025 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP(MD)No.6219 of 2025 A.Guruviah ... Petitioner vs.

1. The District Collector, Virudhunagar District Collectorate Office, Virudhunagar District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Sattur, Virudhunagar District.

3. The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the 3rd respondent in his proceedings in Na.K.No.A6/7747/2024 dated 14.03.2025 and quash the same as illegal and unconstitutional and thereby direct the respondents 1 to 3 to 1/4

ensure their fundamental rights of worship and customary practice and allow the petitioners village people to continue to perform all ritual events followed by them in the temple of Arulmigu Valampuri Vinayagar situated in Natham Poromboke in S.No.606/11 at Samsigapuram Village Rajapalayam Taluk Virudhunagar District as well as grant patta in the name of Samsigapuram Village, Devendrakula Velalar community based on joint representation dated 30.12.2024. For Petitioner : Mr.G.Thalaimutharasu For R1 to R3 : Mrs.D.Farjana Ghoushia Special Government Pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.) Challenging the eviction notice issued by the third respondent dated 25.01.2025, this Writ Petition has been filed. 2.

As against the impugned eviction notice, an appeal remedy is provided for under Section 10 of the Act, to the District Collector. When the Act provides for an effective appeal remedy before the District Collector against the eviction notice under Section 6, without exhausting the same, it would not be appropriate to entertain the present Writ Petition.

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3.

In the light of the above, we are not inclined to entertain the Writ Petition. Accordingly, this Writ Petition is dismissed with liberty to the petitioner to file appeal and stay application before the first respondent District Collector under Section 10 and 10-B of the Act. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

[J.N.B, J.] [S.S.Y, J.] 25.03.2025 Index : Yes / No bala To

1. The District Collector, Virudhunagar District Collectorate Office, Virudhunagar District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Sattur, Virudhunagar District.

3. The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

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J.NISHA BANU, J.

AND S.SRIMATHY, J.

bala ORDER MADE IN DATED : 25.03.2025 4/4