Madasamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and W.M.P.(MD)Nos.16390 & 16391 of 2024 Madasamy ... Petitioner Vs.
1.The District Collector, Virudhunagar District, Virudhunagar.
2.The District Revenue Officer, Virudhunagar District, Virudhunagar.
3.The Revenue Divisional Officer, Sivakasi Taluk, Virudhunagar District.
4.The Tahsildar, Sivakasi, Virudhunagar District.
5.The Block Development Officer, Vembakottai, Virudhunagar District.
6.The President, Vembakottai Panchayat, Virudhunagar District.
7.The Inspector of Police, Vembakottai Police Station, Vembakottai, Virudhunagar District.
8.Karthick
...Respondents
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PRAYER: Petition filed under Article 226 of Constitution of India, praying this Court to issue Writ of Certiorari, calling for the records relating to the impugned letter in Na.Ka.B3/1566/2024, dated 31.07.2024 issued by the 5th respondent and quash the same as illegal insofar as the writ petitioner. For Petitioner : Mr.A.L.Kannan For R1 to R6 : Mr.S.R.A.Ramachandran, Additional Government Pleader For R7 : Mr.T.Senthil Kumar, Additional Public Prosecutor
ORDER
(Order of the Court was made by P.VELMURUGAN, J.) By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2.Mr.S.R.A.Ramchandran, learned Additional Government Pleader takes notice for the respondents 1 to 6 and Mr.T.Senthil Kumar, learned Additional Public Prosecutor takes notice for the 7th respondent. Considering the nature of order proposed to be passed in this Writ Petition, notice to the 8th respondent is dispensed with.
3.The learned counsel appearing for the petitioner would submit that the petitioner has made a representation / appeal before the 1st respondent and if the same may be directed to be considered, the petitioner would be satisfied. 2/5
4.The learned Additional Government Pleader appearing for the respondents 1 to 6 would submit that if the representation / appeal is pending with the 1st respondent, the same would be considered on its own merits and appropriate order would be passed in accordance with law. 5.Considering the submissions made on either side, without going into the merits of the case, we direct the 1st respondent to dispose of the representation / appeal filed by the petitioner, after giving opportunity to the parties concerned and if it is found that the petitioner is an encroacher, necessary action to remove the encroachment would be taken by the authorities concerned by following due process of law. Till the final order is passed in the appeal / representation, the petitioner shall not be disturbed. 6.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [P.V, J.] & [K.K.R.K., J.] 12.08.2024 NCC : Yes / No Index : Yes/No Internet : Yes/No Yuva 3/5
To 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The District Revenue Officer, Virudhunagar District, Virudhunagar.
3.The Revenue Divisional Officer, Sivakasi Taluk, Virudhunagar District.
4.The Tahsildar, Sivakasi, Virudhunagar District.
5.The Block Development Officer, Vembakottai, Virudhunagar District.
6.The President, Vembakottai Panchayat, Virudhunagar District.
7.The Inspector of Police, Vembakottai Police Station, Vembakottai, Virudhunagar District.
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P.VELMURUGAN, J.
AND K.K.RAMAKRISHNAN, J.
Yuva 12.08.2024 5/5