← Library
Madras High CourtWP(MD)/19632/2015disposed of

P. Mahalingam v. The District Collector

2023-12-05Honourable Mr Justice B.Pugalendhi11 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and M.P(MD)Nos.1, 1, 1, 1, 1, 2, 2, 2, 2 & 2 of 2015 W.P(MD)No.19632 of 2015:

P.Mahalingam ... Petitioner Vs.

1/11

4.V.Santhanam

...Respondents

(R4 is impleaded vide Court order dated 06.07.2021 passed in W.M.P(MD)No.16881 of 2016.) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records of the impugned order, dated 01.09.2015 passed by the first respondent in Na.Ka.G3/30514/2015 and quash the same as illegal. For Petitioner : Mr.J.Selvam For Respondents : Mr.M.Sarangan - for R1 to R3 Additional Government Pleader Ms.N.Juliet Latha - for R4 W.P(MD)No.19633 of 2015 :

A.Raghunathan

...Petitioner

Vs.

2/11

4.V.Santhanam

...Respondents

(R4 is impleaded vide Court order dated 06.07.2021 passed in W.M.P(MD)No.16882 of 2016.) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records of the impugned order, dated 01.09.2015 passed by the first respondent in Na.Ka.G3/30514/2015 and quash the same as illegal. For Petitioner : Mr.J.Selvam For Respondents : Mr.M.Sarangan - for R1 to R3 Additional Government Pleader Ms.N.Juliet Latha - for R4 3/11

W.P(MD)No.19634 of 2015 :

R.Tamilselvi

...Petitioner

Vs.

4.V.Santhanam

...Respondents

(R4 is impleaded vide Court order dated 06.07.2021 passed in W.M.P(MD)No.16883 of 2016.) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records 4/11

of the impugned order, dated 01.09.2015 passed by the first respondent in Na.Ka.G3/30514/2015 and quash the same as illegal. For Petitioner : Mr.J.Selvam For Respondents : Mr.M.Sarangan - for R1 to R3 Additional Government Pleader Ms.N.Juliet Latha - for R4 W.P(MD)No.19635 of 2015 :

P.Udaiyar

...Petitioner

Vs.

5/11

4.V.Santhanam

...Respondents

(R4 is impleaded vide Court order dated 06.07.2021 passed in W.M.P(MD)No.16884 of 2016.) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records of the impugned order, dated 01.09.2015 passed by the first respondent in Na.Ka.G3/30514/2015 and quash the same as illegal. For Petitioner : Mr.J.Selvam For Respondents : Mr.M.Sarangan - for R1 to R3 Additional Government Pleader Ms.N.Juliet Latha - for R4 W.P(MD)No.19636 of 2015 :

C.Udaiyar

...Petitioner

Vs.

6/11

4.V.Santhanam

...Respondents

(R4 is impleaded vide Court order dated 06.07.2021 passed in W.M.P(MD)No.16885 of 2016.) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records of the impugned order, dated 01.09.2015 passed by the first respondent in Na.Ka.G3/30514/2015 and quash the same as illegal. For Petitioner : Mr.J.Selvam For Respondents : Mr.M.Sarangan - for R1 to R3 Additional Government Pleader Ms.N.Juliet Latha - for R4 * * * * * 7/11

COMMON ORDER The petitioners with a grievance as against the Village Administrative Officer that he refused to receive the tax from the petitioners for the land which has been assigned to them, has filed these Writ Petitions before this Court for a Mandamus directing the District Collector to conduct an enquiry into that issue.

2. This Court, by order, dated 12.12.2014 in W.P.(MD)Nos.20246 to 20250 of 2014 has passed an order directing the District Collector to look into these issues, conduct an enquiry and to pass appropriate orders. Based on the orders, the District Collector has passed an order on 01.09.2015 and the same is under challenge in these Writ Petitions.

3. The District Collector has taken a stand that the order of assignment made in favour of these petitioners was cancelled on 03.01.2007.

8/11

4. The learned counsel for the petitioners states that it is not correct and that the petitioners have not received any notice before passing this order of cancellation, dated 03.01.2007. According to them, no notice was issued to them and no enquiry was conducted. Moreover the possession is also with them.

5. Considering the rival submissions made, these Writ Petitions are disposed of, with a direction to the District Administration to furnish a copy of order, dated 03.01.2007 to these petitioners enabling them to challenge the same in the manner known to law. In the event, if the petitioners were not provided with any opportunity before passing the order, dated 03.01.2007, the petitioners can challenge the same by filing a fresh Writ Petition. No costs. Consequently, connected miscellaneous petitions are closed.

05.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM 9/11

To 10/11

B.PUGALENDHI, J.

RM (1/2) 05.12.2023 11/11