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Madras High CourtWA(MD)/1517/2024ordered

G.Arumugam v. The District Collector

2024-09-04Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2024 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and CMP(MD)No.11773 of 2024 G.Arumugam ... Appellant vs.

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Tahsildar, Sri Vaigundam Taluk, Thoothukudi District.

... Respondents Prayer : Appeal filed under Clause 15 of the Letters Patent, against the order dated 21.06.2024 in W.P(MD)No.661 of 2019. For Appellant : Mr.M.Jegadeesh Pandian For Respondents : Mr.P.T.Thiraviam, Government Advocate Page No.1 of 4

JUDGMENT

(Judgement of the Court was made by R.SUBRAMANIAN, J.) Aggrieved by the order directing the petitioner to deposit Rs.5,00,000/- as a condition for preferring appeal against the order of the Revenue Divisional Officer dated 20.05.2022 imposing a penalty of Rs. 3,42,382.90/-, the petitioner in the writ petition is on appeal. 2.

Heard Mr.M.Jegadeesh Pandian, learned counsel appearing for the appellant and Mr.P.T.Thiraviam, learned Government Advocate appearing for the respondents.

3.

Admittedly, the fine imposed was Rs.3,42,382.90/- by order of the Revenue Divisional Officer dated 20.05.2002. Recovery proceedings were launched after 17 years on 02.01.2019. By that time, the fine amount with interest had swelled to Rs.18,89,947.88/-. The swelling is due to the inaction on the part of the officials concerned. We are, therefore, of the opinion that the appellant/petitioner shall not be burdened because of the inaction of the officials. We, therefore, modify the order of the learned Single Judge and permit the appellant/petitioner to file an appeal on deposit of the original fine amount of Rs.3,42,382.90/- within a period of four weeks from today. The Page No.2 of 4

appellant/petitioner will have 30 days time to file appeal from the date of such deposit.

4.

The Writ Appeal is ordered on the above terms. No costs. Consequently, connected miscellaneous petition is closed. (R.S.M, J.) (L.V.G, J.) 04.09.2024 Index : Yes / No : Yes / No bala To

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Tahsildar, Sri Vaigundam Taluk, Thoothukudi District.

Page No.3 of 4

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

bala JUDGMENT MADE IN DATED : 04.09.2024 Page No.4 of 4