P.Rajammal, W/O.Palaniappan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.17476 of 2017 and W.M.P.(MD)No.14007 of 2017

1. P.Rajammal

2. Palaniappan ... Petitioners Vs.

1. The Tahsildar, Vedasandhur Taluk Office, Dindigul District.

2. The Revenue Inspector, Koviloor, Vedasandhur Taluk Office, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records pertaining to the order dated 28.07.2017 issued by the second respondent and the consequential impugned order dated 11.08.2017 issued by the first respondent and quash the same as illegal, against law and non-jurisdiction.

For petitioners : Mr.A.Anandan For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

O R D E R

[Order of the Court was made by K.K.SASIDHARAN, J.] The challenge in this Writ Petition is to the order dated 28.07.2017 on the file of the second respondent directing the removal of encroachment.

2.The order impugned in this Writ Petition is appealable by filing appeal before the Appellate Authority. There is no ground made out by the petitioner to by-pass the appellate remedy. We, therefore, do not find any reason to entertain the Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioners are given time, till 30 September, 2017

for filing appeal before the Appellate Authority. It is open to the petitioners to take up all the contentions available to them, in view of the fact that they have not filed objections to the notice issued by the Statutory Authority earlier. 4.The Appellate Authority shall decide the matter on merits and as per law. The status-quo as on date shall be maintained, till a decision is taken by the Appellate Authority either in the appeal or in the stay petition.

5.The writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Crl Side) /True copy/ Sub Assistant Registrar To

1. The Tahsildar, Vedasandhur Taluk Office, Dindigul District.

2. The Revenue Inspector, Koviloor, Vedasandhur Taluk Office, Dindigul District.

+ 1 CC TO MR.A.Anandan, ADVOCATE IN SR No.79159 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.79343 ns/myr MK/SKN RSK/SAR-2/10.10.2017/2P/5C ORDER MADE IN W.P(MD)No.17476 of 2017 15.09.2017 https://hcservices.ecourts.gov.in/hcservices/