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Madras High CourtWP(MD)/24189/2023disposed of

Vijayapandian v. The District Collector

2023-11-20Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.20372 of 2023 1.Vijayapandian 2.V.Mary 3.V.Vimalkumar ... Petitioners Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Kodaikanal Sub-Division, Dindigul District.

3.K.Mariyammal ... Respondents (R3 is impleaded vide order dated 03.11.2023 in W.M.P.(MD)No.21417 of 2023 in W.P.(MD)No.24189 of 2023 by GRSJ) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to relegate the parties in proceedings Na.Ka.284/2022/A2 or any other persons approaching the 2nd respondent in respect of the 1/4

properties comprised in Survey Nos.2301/1 and 2301/3 comprised in Vilpatty Village, Kodaikanal Taluk, Dindigul District which are subjected to the pending suit in O.S.No.56 of 2022 on the file of the Learned District Munsif Court, Kodaikanal to approach the Civil Court on the basis of the petitioner's representation dated 18.09.2023 to the respondents.

For Petitioners : Mr.I.Sam Jegan For Respondents : Mr.M.Sidharthan, Addl. Government Pleader for R1 & R2.

Mr.S.Gokulraj for R3.

ORDER

Heard both sides.

2.I consciously refrain from going into the merits of the matter. The case of the petitioner is that the second respondent will not have any jurisdiction to pass an order. This contention is strongly contested by the learned counsel for the private respondent.

3.The parties can argue on merits after the second respondent passes the order.

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4.The learned counsel for the third respondent draws my attention to the order dated 03.10.2023 made in W.P.(MD)No.23980 of 2023. I had directed the second respondent to pass an order on merits and in accordance with law.

5.The petitioner can very well move this Court if any adverse order is passed by the second respondent.

6.Leaving open the contentions of both the parties, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

20.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Kodaikanal Sub-Division, Dindigul District.

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G.R.SWAMINATHAN, J.

ias 20.11.2023 4/4