Dhinesh, S/O.Muthaiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD).Nos.12481, 12496 and 12225 of 2016 and W.M.P(MD)Nos.9445, 9451 and 9318 of 2016 and W.M.P(MD)No.9791 to 9793 & 9920 to 9922/2016 Dhinesh ...

Petitioner in W.P(MD)No.12481 of 2016 Vigneshwaran ...

Petitioner in W.P(MD)No.12469 of 2016 K.Muthirulu ...

Petitioner in W.P(MD)No.12225 of 2016 Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Block Development Officer (Village Panchayat) Thiruvadanai Union, Ramanathapuram District.

3.The President, Thiruvadanai Village Panchayat, Ramanathapuram District.

...

Respondents in all Wps Prayer in all W.Ps : Writ Petitions filed under Article 226 of the Constitution of India for the issuance of a WRIT OF CERTIORARIFIED MANDAMUS to call for the records relating to the proceedings T.U.Na.Ka.No.10 of 2016 dated 04.07.2016 on the file of the third respondent, quash the same and direct the third respondent to hand over the shop No.19, 14 and 10 respectively to the petitioners without further deposit amount. For petitioner in all Wps : Mr.S.Kameswaran For respondents in all Wps : Mr.M.Murugan Govt. Advocate for R1 and R2 Mr.M.Rajarajan Govt. Advocate for R3 https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER The petitioners have filed the present writ petitions, challenging the proceedings of the third respondent in T.U.Na.Ka.No.10 of 2016, dated 04.07.2016, and they seek for consequential direction to the third respondent to hand over shop Nos.19, 14 and 10 respectively, to the petitioners without insisting upon further deposit amount.

2. Today, when the matter is taken for hearing, learned counsel for the petitioners, taking advantage of the fact that the third respondent has failed to mention the condition to deposit six months rental advance, in the Notification, seeks to set aside the impugned order. But, this Court instead of doing so, finding fault with the respondents, directs the respective petitioners to pay the entire six months rental advance by way of five (5) instalments and every month, they shall pay the equal amount and the first instalment will commence from the first week of next month i.e., September 2016. If any default is committed, it is open to the respondents to take appropriate action.

3. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS II) /True copy/ Sub Assistant Registrar To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Block Development Officer (Village Panchayat) Thiruvadanai Union, Ramanathapuram District.

3.The President, Thiruvadanai Village Panchayat, Ramanathapuram District.

+3cc to Mr.S.Kameswaran, Advocate Sr.No.44675,44673 & 44674 sm:SS3:12/09/2016:2P/7C W.P(MD).Nos.12481, 12496 and 12225 of 2016 12.08.2016 https://hcservices.ecourts.gov.in/hcservices/