The Headquarters Deputy Tahsildar v. Mathiyari
WMP(MD). No.10996 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Seventh day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN AND The Hon`ble Mrs.Justice L. VICTORIA GOWRI WMP(MD). No.10996 of 2023 in W.P.(MD).No.10500 of 2023 The Headquarters Deputy Tahsildar, Devakottai Taluk, Sivagangai District.
... Petitioner/4th Respondent Vs 1 Mathiyari ... 1st Respondent/ Writ Petitioner 2 The District Collector, Sivagangai District Sivagangai.
3 The Tahsildar, Devakottai Taluk Sivagangai District.
4 Devakottai Municipality Through its Commissioner, Sivagangai District.
... Respondents 2to 4/Respondents 1 to 3 Prayer :- This Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India to modify the order dated 28.04.2023 passed in W.P.(MD).No. 10500 of 2023. Prayer in WP(MD). 10500/ 2023 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned eviction notice passed by the 4th respondent dated 17.04.2023 and quash the same in respect of petitioners property and extent of about 1.6537.4 sq.mts in Town Survey No.21, Block No.5, Ward-M of Udaiyachi Group Village, Devakottai Town.
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.V.Nirmal, Government Advocate for the Petitioner, this Court made the following order: https://www.mhc.tn.gov.in/judis 1/2
WMP(MD). No.10996 of 2023 [Order of the Court was made by R.SUBRAMANIAN, J.] Modification of the order, dated 28.04.2023 passed in W.P (MD)No.10500 of 2023, is sought for on the ground that the services of the petitioner will be affected because of the imposition of cost.
2. We make it clear that the cost was imposed only to instill sense of responsibility in the Officers of the Revenue Department while they perform certain statutory functions. The petitioner Zonal Deputy Tahsildar, Devakottai, has also paid the cost. We make it clear this imposition of cost shall not affect the services of the petitioner A.Amutha, Zonal Deputy Tahsildar, Devakottai.
3. This Writ Miscellaneous Petition is ordered accordingly. Sd/- Assistant Registrar (CS-II) // True Copy // /06/2023 Sub Assistant Registrar(CS) PM TO
1. The Headquarters Deputy Tahsildar, Devakottai Taluk, Sivagangai District.
2. The District Collector Sivagangai District Sivagangai.
3. The Tahsildar Devakottai Taluk Sivagangai District.
4. The Commissioner, Devakottai Municipality, Sivagangai District.
5. The Special Govt. Pleader, Madurai Bench of Madras High Court, Madurai.
ORDER DATED : 07/06/2023 ==========================
ORDER
========================== WMP(MD). No.10996 of 2023 in W.P.(MD).No.10500 of 2023 Giving direction etc.
as stated within.
RD (16/06/2023) 2P 6C https://www.mhc.tn.gov.in/judis 2/2