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Madras High CourtWA(MD)/734/2023dismissed

Selvaraj .A v. The District Collector

2023-05-18Honourable The Acting Chief Justice,Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.05.2023

CORAM:

THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE and THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P(MD)No.6298 of 2023 1.A.Selvaraj 2.Kalieswaran 3.N.Chithravelu 4.S.Murugesan ... Appellants /Petitioners Vs.

1.The District Collector, O/o.The District Collector,

2.The District Revenue Officer, O/o. The District Revenue Officer, 3.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, 4.The Tahsildar, O/o.The Tahsildar, Kalayarkovil Taluk, Sivagangai District.

5.The Assistant Director of Survey, O/o. The Tahsildar, Kalayarkovil Taluk, Sivagangai District.

6.The Village Administrative Officer, Kurundhani Variyanenthal Group, Kalayarkovil Taluk, Sivagangai District.

7. Shanmugam

8. Muthusamy ... Respondents / Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters of Patent, against the order, dated 29.03.2023, made in W.P.(MD)No.1911 of 2023. For Appellants : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.S.P.Maharajan - for R1 to R6 Special Government Pleader : Mr.N.Karthik Kanna - for R8

JUDGMENT

[Judgment of the Court was delivered by The Hon'ble The ACTING CHIEF JUSTICE] Challenging the dismissal order passed by the learned Single Judge in W.P(MD) No.1911 of 2023, dated 29.03.2023, the appellants / writ petitioners have filed the Writ Appeal.

2.Heard Mr.D.Shanmugaraja Sethupathi, learned counsel appearing for the appellants, Mr.S.P.Maharajan, learned Special Government Pleader appearing for the respondents 1 to 6 and Mr.N.Karthi Kanna, learned counsel appearing for the eighth respondent.

3. We are not inclined to entertain the Writ Appeal, as the direction given by the learned Single Judge in paragraph No.12 is very clear that the property in question shall be surveyed and thereupon the decision shall be taken. Hence, this Writ Appeal fails and the same stands dismissed. No costs. Connected Miscellaneous Petition is closed. [T.R., A.C.J.] [L.V.G.,J.] 18.05.2023 NCC : Yes / No Index : Yes / No Internet : Yes RM

To 1.The District Collector, O/o.The District Collector, 2.The District Revenue Officer, O/o. The District Revenue Officer, 3.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, 4.The Tahsildar, O/o.The Tahsildar, Kalayarkovil Taluk, Sivagangai District.

5.The Assistant Director of Survey, O/o. The Tahsildar, Kalayarkovil Taluk, Sivagangai District.

6.The Village Administrative Officer, Kurundhani Variyanenthal Group, Kalayarkovil Taluk, Sivagangai District.

T.RAJA, A.C.J.

and L.VICTORIA GOWRI, J.

RM DATED : 18.05.2023