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Madras High CourtWP(MD)/23818/2023dismissed

Ramaraj. P v. The State Of Tamil Nadu

2023-11-22Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD)Nos.19993 & 19994 of 2023 P.Ramaraj ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. through its Secretary, Department of Revenue, St.George Fort, Chennai.

2.The District Collector, Collectorate, Virudhunagar District.

3.The District Revenue Officer, District Revenue Office, Virudhunagar District.

4.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records of the impugned order passed by the 4th 1/4

respondent in his proceedings in Na.Ka.No.A6/5204/2023, dated 24.08.2023 served on 11.09.2023 and quash the same as illegal. For Petitioner : Mr.V.Meenakshi Sundaram For Respondents : Mr.S.P.Maharajan, Special Government Pleader

ORDER

(Order of the Court was made by V.LAKSHMINARAYANAN, J.) The petitioner is running a school under the name and style of "Shri Ram Nursery and Primary School in his patta land adjacent to the property, which belongs to the Government. He is in occupation of the extent of 399 sq.mt, which admittedly belongs to the Government. He is utilizing the said Government land as a play ground for the purpose of the said institution. 2.He impugns the letter of the respondent dated 24.08.2023, which has been served on him on 11.09.2023. The purport of the letter is to give an opportunity to the list of persons mentioned in the said letter, who have encroached upon the Government land, to give their response to the contents therein. The order impugned herein is at best to give further opportunity that was granted to the petitioner to make a representation. But he cannot be treated as a person aggrieved.

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3.In fact, an opportunity was given, the petitioner availed the said opportunity and submitted a reply on 20.06.2023. Considering the said reply, further opportunity has been given to the petitioner. Since the letter is only a show cause notice, this Writ Petition is not entertainable. Therefore, if the petitioner wants to submit any records, it is always open to him to do so within a period one week from today (22.11.2023).

4.With this observation, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) & (V.L.N., J.) 22.11.2023 (1⁄2) NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva 3/4

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

Yuva To 1.The Secretary, State of Tamil Nadu, Department of Revenue, St.George Fort, Chennai.

2.The District Collector, Collectorate, Virudhunagar District.

3.The District Revenue Officer, District Revenue Office, Virudhunagar District.

4.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

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