K.Ramachandran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated 16.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.14558 of 2020 and W.M.P.(MD) No.12216/2020 (Through Video Conferencing) K.Ramachandran ... Petitioner Vs.

1.The District Collector, Pudukottai District.

2.The Revenue Divisional Officer, Aranthangi, Pudukottai District 3.The Tahsildar, Aranthangi Taluk Pudukottai.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records relating to the order of the 3rd respondent made in O.Mu./6318/2020 (A1) dated 09.09.2020 and quash the same as it is arbitrary and illegal.

For Petitioner : Mr.R.Suriyanarayanan For Respondents : Mr.K.P.Krishnadoss Spl.Government Pleader

O R D E R

Challenging the order passed by the 3rd respondent dated 09.09.2020, the petitioner is before this Court. 2.Heard the learned counsel for the petitioner as well as the learned Special Government Pleader, who takes notice for the respondents 1 to 3. By consent of both sides, the writ petition is taken up for final hearing, at the stage of admission itself. 3.It is the case of the petitioner that the land in S.No.187/10 & 12 is classified as Government poramboke Punja Tharisu, in which, the temple, namely, Ayyanar and Kali temple was constructed and the village people are worshipping for the past 200 years, by conducting festivals every year. While so, the respondents are taking steps to allot the said land to the Tamilnadu Slum Clearance Board by way of reclassification. On coming to know, the village people made an 1/3

objection on 08.09.2020 to the respondents. However, the second respondent, passed an order dated 09.09.2020, thereby rejecting the objection made by the people. Challenging the same, though there is an appeal provision is available to the Sub Collector as per the order of the second respondent, the petitioner has preferred an appeal only to the Tahsildar. In this writ petition, the petitioner has challenged the said order of the second respondent.

4. In view of the said facts and circumstances of the case, this Court is not inclined to grant the relief sought for by the petitioner. However, since the petitioner has not preferred any appeal to the Sub Collector, the petitioner is directed to prefer an appeal to the Sub Collector, within a period of four weeks from the date of receipt of a copy of this order. On receipt of the appeal papers, after hearing all the parties, the Sub Collector, Pudukottai is directed to dispose of the appeal, within a period of three months, preferably, on or before 31st March 2021. It is made clear that till such time, no coercive action shall be taken based on the impugned order.

5. With the above direction, the writ petition is disposed of. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) RR Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector, Pudukottai District.

2.The Revenue Divisional Officer, Aranthangi, Pudukottai District 2/3

3.The Tahsildar, Aranthangi Taluk Pudukottai.

+1 CC to Mr.R. SURIYANARAYANAN, Advocate ( SR-20504[F] dated 19/10/2020 ) +1 CC to SPL GP ( SR-20554[F] dated 19/10/2020 ) Order made in W.P.(MD)No.14558 of 2020 16.10.2020 VB (09.11.2020) 3P 6C 3/3