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Madras High CourtWA(MD)/539/2019disposed of

Nachimuthu, S/O.Natrayasamy, v. The District Collector /

2019-08-08Honourable Mr Justice K. Ravichandrabaabu,Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fourth day of July Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice K.RAVICHANDRABAABU and The Hon`ble Mr Justice SENTHILKUMAR RAMAMOORTHY WA(MD) No.539 of 2019 and CMP(MD)No.4540 of 2019 1 NACHIMUTHU 2 ISRAVEL 3 PALANISAMY 4 KITTUSAMY 5 RAMASAMY 6 VANCHIMUTHU 7 KUPPUSAMY 8 MARIMUTHU 9 SUBRAMANI 10 KANNAIYAN ... APPELLANTS/RESPONDENTS 4 TO 13 Vs 1.THE DISTRICT COLLECTOR / PANCHAYAT INSPECTOR, COLLECTORATE OFFICE, 2.THE SPECIAL OFFICER /BLOCK DEVELOPMENT OFFICER, KALLIMANTHAYAM VILLAGE PANCHAYAT, THOPPAMPATTI PANCHAYAT UNION, 3.THE PRESIDENT, KALLIMANTHAYAM PANCHAYAT, KALLIMANTHAYAM POST, OTTANCHATIRAM TALUK, ...RESPONDENTS 1 TO 3/ RESPONDENTS 1 TO 3 4.K.KOTHANDARAMAN ... 4TH RESPONDENT/PETITIONER Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the Order passed by the Learned Hon'ble Court in WP(MD) No.1339 of 2017 dated 05.12.2018.

Prayer in CMP(MD).4540/ 2019 :

pleased to grant an order of Interim Stay of the impugned order made in WP(MD)No.1339 of 2017 dated 05.12.2018 by the Learned Judge of this Hon'ble Court pending disposal of the writ appeal. PRAYER IN WP(MD).No.1339 of 2017 To issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned orders passed by the 2nd respondent in his proceedings Na.Ka.No.1534/2016/B3(1) and Na.Ka.no.1534/2016/B3 (2) dated 19.01.2017 and quash the same and consequently directing the respondents 1 to 3 to conduct fresh tender cum auction with following the Tamil Nadu Panchayat (Panchayat Lease and sale public auction) Rules 2001. ORDER: This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.D.VENKATESH, Advocate for the Petitioners and of MR.VR.

SHANMUGANATHAN, Special Government Pleader for R1 to R3, the court made the following order:- (Order of the Court was made by K.RAVICHANDRABAABU.,J ) It is seems that the fourth respondent in this writ appeal, who is the writ petitioner before the Writ Court, though served, has not chosen to appear before this Court, when the matter is taken up for hearing today. His name is printed in the cause list. However, since he is represented through a counsel before the Writ Court, the counsel for the appellant is directed to serve the papers on the counsel, who appeared for the writ petitioner before the Writ Court indicating that the next date of hearing as 18.07.2019. 2.Post the matter on 18.07.2019.

3.Interim order already granted is extended until further orders.

sd/- 04/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE DISTRICT COLLECTOR/PANCHAYAT INSPECTOR, COLLECTORATE OFFICE,

2.THE SPECIAL OFFICER/BLOCK DEVELOPMENT OFFICER, KALLIMANTHAYAM VILLAGE PANCHAYAT, THOPPAMPATTI PANCHAYAT UNION, +1. C.C. to M/S.D.VENKATESH Advocate SR.No.11116

ORDER

IN WA(MD) No.539 of 2019 and CMP(MD)No.4540 of 2019 Date :04/07/2019 SKN PK/VR/SAR-4/12.07.2019 : 3P/4C