P.Reetal Bathrakali v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 07.04.2025
CORAM
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE P.B.BALAJI W.P.(MD)No.13956 of 2018 and W.M.P.(MD)Nos.12677, 12678 & 15461 of 2018 and WP(MD) No.28900 of 2022 and W.M.P.(MD)Nos.22884 & 22885 of 2022 WP(MD) No.13956/2018 P.Reetal Bathrakali ... Petitioner Vs 1.The District Collector, 2.The Assistant Commissioner (Excise), 3.The Tahsildar, 4.Masthan Kani ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the first respondent in his proceedings in Pa.Mu.P3/40755/2017 dated 13.12.2017, quash the same and forbearing the respondents from interfering with the peaceful possession of enjoyment of cultivating coconut trees and other trees in S.No.10/3, now 10/1, Mullimanai Village, Pudhupattinam Revenue 1/6
Village, Thiruvadanai Taluk, Ramanathapuram District. For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.P.Thilak Kumar Government Pleader for R1 to R3 Mr.S.Mohammed Suhail for M/s.Ajmal Associates for R4 WP(MD) No.28900 /2022 M.Masthan Gani ... Petitioner Vs 1.The Joint Director of Agriculture O/o.The Joint Director of Agriculture Chepauk, Chennai.
2.The District Collector, Ramanathapuram 3.The Assistant Commissioner (Excise), 4.The Tahsildar, 5.P.Reetal Bathrakali ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd respondent vide his proceedings in Pa.Mu.P3/40755/2017 dated 13.12.2017 and quash the same as illegal and consequently to direct the respondents to restore the land in the name of the petitioner by confirming the 1st respondent proceedings in Ve.Su.Ni.1/150220/10 dated 25.03.2010 within the period that may be stipulated by this Court.
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For Petitioner : Mr.S.Mohammed Suhail for M/s.Ajmal Associates For Respondents : Mr.P.Thilak Kumar Government Pleader for R1 to R4 Mr.V.Panneer Selvam for R5 COMMON ORDER (Order of the Court was made by the Hon'ble the Chief Justice) W.P.(MD) No.29800 of 2022 is not listed, but taken on board by consent and disposed by this common order.
2. Mr.P.Thilak Kumar, learned Government Pleader, states that there is a statutory appeal provided under Order 15(15) of the Revenue Standing Orders. When Order 15(15) provides for appeal, Shri.Thilak Kumar submitted that petitioners may be directed to file an appeal and the Court may, if it considers fit, condone the delay, if any, in view of the pendency of these petitions.
3. Counsel for petitioner state that leave be given to withdraw the petitions with liberty to file an appeal under Order 15(15) of the Revenue Standing Orders. Counsel state that the appeal will be filed within 30 days from today and therefore, delay, if any, be condoned. 3/6
4. Petitions are dismissed as withdrawn with liberty as prayed for. If the appeal is filed under Order 15(15) of the Revenue Standing Orders on or before 15.05.2025, delay, if any, shall be deemed to have been condoned.
5. We clarify that we have not expressed any opinion on the merits.
6. There shall be no order as to costs. Consequently connected Miscellaneous Petitions also stand dismissed. (K.R.SHRIRAM, C.J.) (P.B.BALAJI, J.) 08.04.2025 RR To 1.The Joint Director of Agriculture O/o.The Joint Director of Agriculture Chepauk, Chennai.
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2.The District Collector, Ramanathapuram 3.The Assistant Commissioner (Excise), 4.The Tahsildar, 5/6
THE HON'BLE CHIEF JUSTICE AND P.B.BALAJI, J.
RR
ORDER
IN WP(MD) Nos.13956 of 2018 and 28900 of 2022 Date : 08/04/2025 6/6