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Madras High CourtWP(MD)/3006/2014allowed

E. Kaliyappan, S/O. Erulappan, v. The District Collector

2022-07-19Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2014 and W.M.P(MD)No.21568 of 2018 E.Kaliyappan ... Petitioner Vs.

1.The District Collector, Dindigul District.

2.The Deputy Registrar, (Dairying) Dindigul.

3.The District Adi Dravidar Welfare Officer, Dindigul.

4.The Special Tahsildar (Adi Dravidar Welfare), Nilakkottai Taluk, Dindigul District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in Na.Ka.No. 1260/2013/A dated 03.12.2013 on the file of the fourth respondent and 1/5

quash the same as illegal and consequently direct the respondents to grant patta to the land possessed by petitioner's society. For Petitioner : Mr.J.Lawrance For Respondents : Mr.P.Thilak Kumar Government Pleader For Mr.M.Ramesh Government Advocate

ORDER

The present writ petition has been filed challenging an order passed by the third respondent under which the fourth respondent had cancelled the permission granted for putting temporary shed for running the petitioner's society.

2. In the impugned order, it has been stated that there was a communal clash and law and order problem in the said locality and in view of the said situation, temporary permission granted to the petitioner's society has been cancelled and the society was directed to vacate the premises.

3. According to the petitioner, the issues have been resolved amicably among the members of the various communities. The learned 2/5

counsel for the petitioner submits that the general public from all the communities are the members of the society and as on date, there is no law and order problem in the said locality.

4. In the light of the above said submissions, the impugned order is set aside and the matter is remitted back to the fourth respondent herein and the fourth respondent is directed to pass orders after hearing all the concerned persons and considering the present law and order situation in the said locality.

5. With the above said observations, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed.

19.07.2022 sn Index :

Yes / No Internet :

Yes / No 3/5

To 1.The District Collector, Dindigul District.

2.The Deputy Registrar, (Dairying) Dindigul.

3.The District Adi Dravidar Welfare Officer, Dindigul.

4.The Special Tahsildar (Adi Dravidar Welfare), Nilakkottai Taluk, Dindigul District.

4/5

R.

VIJAYAKUMAR ,J.

sn 19.07.2022 5/5