Balasaraswathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)Nos.17275, 17276, 17277, 17278, 17279 & 17280 of 2018 and W.M.P(MD)Nos.15207, 15208, 15209, 15210, 15211, 15212, 15213, 15214, 15215, 15216, 15217 & 15218 of 2018 Balasaraswathi ... Petitioner in W.P(MD)No.17275 of 2018 Sugumar ... Petitioner in W.P(MD)No.17276 of 2018 Amutha Devi ... Petitioner in W.P(MD)No.17277 of 2018 Loganathan ... Petitioner in W.P(MD)No.17278 of 2018 Muthu vijayan ... Petitioner in W.P(MD)No.17279 of 2018 Jeyaraj ... Petitioner in W.P(MD)No.17280 of 2018 Vs.

1.The District Collector, 2.The Tahsildar, Kovilpatti, ... Respondents in WP(MD)Nos. 17275 to 17280 /2018 Common Prayer in WP(MD)Nos. 17275 to 17280/2018: These Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records and quash the impugned order issued by the second respondent in Na.Ka.No.Aa 6/ 10177/2015-7, Na.Ka.No.Aa 6/ 10177/2015-6, Na.Ka.No.Aa6/10177/2015-3, Na.Ka.No.Aa6/10177/2015-4, Na.Ka.No.Aa6/10177/2015-2 and Na.Ka.No.Aa6/10177/2015-1 dated 26.07.2018 and quash the same.

For Petitioner : Mr.Veera Karthiravan, in all the WPs Senior Counsel for Mr.C.Jeganathan

For Respondents : Mr.A.K.Baskara Pandian, in all the WPs Special Government Pleader.

COMMON ORDER (Order of the Court was made by M.DURAISWAMY,J.) The issue involved in all these Writ Petitions are identical. Hence, the Writ Petitions are disposed of by this common order.

2. The petitioners have filed the above writ petitions to issue Writs of Certiorari, to call for the records and quash the impugned order issued by the second respondent dated 26.07.2018.

3. Since the petitioners have got remedy by way of an appeal before the first respondent as against the order passed by the second respondent, the above writ petitions filed by them cannot be entertained under Article 226 of the Constitution of India.

4. In view of the same, Mr.Veera Kathiravan, learned Senior Counsel appearing for the petitioners submitted that the petitioners may be given two weeks time for filing an appeal before the first respondent challenging the impugned order and till such time, their possession may be protected.

5. Mr.A.K.Baskarapandian, learned Special Government Pleader takes notice for the respondents.

6. In view of the submissions made by the learned counsel appearing on either side, the Writ Petitions are disposed of giving liberty to the petitioners to challenge the impugned orders before the first respondent in accordance with law within a period of two weeks from the date of receipt of a copy of this order. Till the filing of the appeals, the respondents are directed to maintain status quo. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar(Cs-IV) To 1.The District Collector,

2.The Tahsildar, Kovilpatti, Copy to The Section Officer, ER. Section, Madurai Bench Of Madras High Court, Madurai.

+6CC to M/s.Veera Associates in SR.No.76860.

+1CC Special Government Pleader in SR.No.76796. PS DS/SKN-RSK/SAR-4 :03.08.2018: 3P/11C W.P(MD)Nos.17275, 17276, 17277, 17278, 17279 & 17280 of 2018 02.08.2018