Karuppaiah, S/O.Mahalingam (Died) v. The District Collector
1 W.P.(MD)NO.15644 OF 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15644 of 2015 AND M.P.(MD)Nos.1 & 2 of 2015 Karuppaiah (Died) K.Sundarrajan (Petitioner is substituted vide order dated 13.07.2023 in W.M.P.(MD)No.1424 of 2022) ... Petitioner Vs.
1. The District Collector, Virudhunagar District, Virudhunagar.
2. The District Revenue Officer, Virudhunagar District, Virudhunagar.
3. The Revenue Divisional Officer, Sivakasi,
4. The Tahsildar, Srivilliputhur,
5. The Deputy Tahsildar-I, Srivilliputhur Taluk,
6. The Village Administrative Officer, Valaikulam Village, Srivilliputhur Taluk, 1/5
2 W.P.(MD)NO.15644 OF 2015
7. The Executive Officer, Mamsapuram Town Panchayat,
8. R.Gnana Guru (R-8 is impleaded vide order dated 13.07.2023 in W.M.P.(MD)No.6752 of 2016) ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the third respondent in his proceedings Na.Ka.A2/036/2015 dated 29.07.2015 and quash the same.
For Petitioner : Mr.K.Seemaraj For R-1 to R-6 : Mr.SR.A.Ramachandran, Additional Government Pleader.
For R-7 : Mr.M.Rajarajan For R-8 : Mr.T.Antony Arul Raj * * *
O R D E R
Heard the learned counsel on either side.
2. The petitioner was granted what is known as 2C patta. By the impugned order, it has been cancelled. 2/5
3 W.P.(MD)NO.15644 OF 2015 According to the third respondent, the trees are standing in a water-body. The petitioner states that the trees are not located in the water-body as such. This is a disputed question of fact.
3. The writ Court cannot go into the said issue. The order is also appealable before the District Revenue Officer, Virudhunagar. The petitioner is also given liberty to challenge the impugned order before the District Revenue Officer, Virudhunagar. If within four weeks from the date of receipt of a copy of this order, an appeal is filed, the same shall be entertained without reference to limitation. Till the disposal of the appeal by the District Revenue Officer, the order impugned in the writ petition will be put on hold and it will not be enforced. I make it clear that I have not gone into the merits of the matter. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
13.07.2023 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/5
4 W.P.(MD)NO.15644 OF 2015 To:
1. The District Collector, Virudhunagar District, Virudhunagar.
2. The District Revenue Officer, Virudhunagar District, Virudhunagar.
3. The Revenue Divisional Officer, Sivakasi,
4. The Tahsildar, Srivilliputhur,
5. The Deputy Tahsildar-I, Srivilliputhur Taluk,
6. The Village Administrative Officer, Valaikulam Village, Srivilliputhur Taluk, 4/5
5 W.P.(MD)NO.15644 OF 2015 G.R.SWAMINATHAN,J.
PMU W.P.(MD)No.15644 of 2015 13.07.2023 5/5