G.Selvarathinam, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2024 CORAM :

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P.(MD)No.5752 of 2018 and W.M.P.(MD)No.7589 of 2018 G.Selvarathinam ...

Petitioner Vs.

1.The District Collector, 2.The Revenue Divisional Officer, 3.The Tahsildar,

4.The Block Development Officer, Karambakudi Town Panchayat, ..

Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of Na.Ka.No.754/17 passed by the third respondent and quash the same and consequently direct the respondents to remove the commercial buildings in Survey No.708/1 situated at Sekkadi, Karambakudi Taluk, Pudukkottai District within a stipulated time that may be fixed by this Court. For Petitioner : Mrs.S.Banumathi for Mr.A.Mithun Chakravarthi For Respondents : Mr.P.Thilak Kumar - for R1 to R3 Government Pleader No appearance - for R4

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE]

We have heard Mrs.S.Banumathi for Mr.A.Mithun Chakravarthi, learned Counsel appearing for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents 1 to 3. 2.The learned Counsel for the petitioner submits that land bearing S.No.708/1 at Sekkadi, Karambakudi Taluk, Pudukkottai District, is a Natham Poramboke land. However, commercial activity is taking place on the said land.

3.The alleged persons who are carrying out commercial activity in the said land are not parties before us. Adverse orders can be passed in the absence of a party.

4.The petitioner may make a representation with the competent authority. If such a representation is received, the competent authority shall after following the principles of natural justice decide the said representation in accordance with law and on merits, preferably within six [6] months from the date of the representation. 5.Accordingly, the Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

[S.V.G., C.J.] [G.I., J.] 27.02.2024 Index : Yes / No MR To 1.The District Collector, 2.The Revenue Divisional Officer, 3.The Tahsildar, 4.The Block Development Officer, Karambakudi Town Panchayat,

THE HONOURABLE CHIEF JUSTICE and G.ILANGOVAN , J.

MR W.P.(MD)No.5752 of 2018 27.02.2024