Madras High CourtWP(MD)/18447/2022allowed

Karthikeyan v. The Revenue Divisional Officer

2022-08-16Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2022

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.18447 of 2022 Karthikeyan ... Petitioner v.

1.The Revenue Divisional Officer, Revenue Divisional Office, Paramakudi, Ramanathapuram District.

2.The Tahsildar, Mudukulathur Taluk Office, Mudukulathur Taluk, Ramanathapuram District.

3.The General Manager, Sivagangai District Milk Producers Union Ltd., Kazhanivasal, Karaikudi, Sivagangai District. 4.K.Vemban ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to call for the records pertaining to the impugned proceedings of the second respondent in Na.Ka.B1/407/2022 dated 08.08.2022 and quash the same as illegal. 1/4

For Petitioners : Mr.M.Jerin Mathew For Respondents : Mr.G.Sivaraja, Government Advocate for R1 & R2 Mr.D.Senthil for R4

ORDER

Heard the learned counsel for the petitioner, the learned Government Advocate for the respondents 1 and 2 and the learned counsel for the fourth respondent.

2.The petitioner had earlier filed WP(MD)No.13803 of 2022. The said writ petition was disposed of in the following terms : "The prayer made in this writ petition is that due process of law should be followed while dealing with the writ petitioner. No exception can be taken to the said request. The petitioner is said to be running Aavin shop. The site in question belongs to the Government. If any encroachment has been committed in respect of the said site, the authorities are bound to take action as per law." 3.The second respondent had treated the said order as if it is a direction for calling upon the petitioner to vacate the petition mentioned property. I 2/4

had only directed the second respondent to take action in accordance with law and nothing more than that. The order passed by me had been clearly misconstrued. In this view of the matter, the impugned communication is set aside. The writ petition is allowed. It is for the second respondent to proceed in the matter as indicated in the earlier order dated 27.07.2022 in WP(MD)No. 13803 of 2022. No costs. Connected miscellaneous petitions are closed. 16.08.2022 skm To 1.The Revenue Divisional Officer, Revenue Divisional Office, Paramakudi, Ramanathapuram District.

2.The Tahsildar, Mudukulathur Taluk Office, Mudukulathur Taluk, Ramanathapuram District.

3.The General Manager, Sivagangai District Milk Producers Union Ltd., Kazhanivasal, Karaikudi, Sivagangai District. 3/4

G.R.SWAMINATHAN, J.

skm W.P(MD)No.18447 of 2022 16.08.2022 4/4