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Madras High CourtWP(MD)/30411/2023disposed of

Nazurullakhan. M v. The District Collector

2023-12-21Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi5 pages

1 W.P.(MD)NO.30411 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.30411 of 2023 AND W.M.P.(MD)No.26186 of 2023 M.Nazurullakhan ... Petitioner Vs.

1. The District Collector, O/o.District Collector, Ramanathapuram, Ramanathapuram District.

2. The District Revenue Officer, O/o.District Revenue, Ramanathapuram, Ramanathapuram District.

3. The Revenue Divisional Officer, O/o.Revenue Divisional Office, Ramanathapuram, Ramanathapuram District.

4. The Tahsildar, O/o.Tahsildar Office, Ramanathapuram Taluk, Ramanathapuram District.

5. The Commissioner, Ramanathapuram Municipality Office, Vandikara Street, Ramanathapuram, Ramanathapuram District.

6. The Executive Engineer, Public Works Department (Water Management), Vaigai Illangal, (Nearby Krishna Theater), 1/4

2 W.P.(MD)NO.30411 OF 2023 Paramakudi, Ramanathapuram District.

7. The Superintendent Engineer, Public Works Department(Water Management), District Collector Campus, Sivagangai, Sivagangai District.

8. The Assistant Engineer, Water Resources Department, Irrigation Section No.II, Ramanathapuram, Ramanathapuram District.

9. The Town Surveyor, (Land Survey), Ramanathapuram, Ramanathapuram District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from demolishing the dwelling house and the wall constructed by the petitioner in his patta land comprised in S.No.177/2 covered in patta No.R.T.R.No.160, 278, 279/2016 situated at Alangacheri Street, Ramanathapuram Taluk and District without considering the petitioner's explanation within the period that may be stipulated by this Court.

For Petitioner : Mr.M.Ajmal Khan, Senior counsel, for M/s.Ajmal Associates.

For R-1 to R-4 : Mr.K.Balasubramani, Special Government Pleader.

For R-5 : Mr.K.Saravanan * * * 2/4

3 W.P.(MD)NO.30411 OF 2023

O R D E R

Heard both sides.

2. It is not in dispute that the petitioner was served with Form-III notice. When the challenge was mounted on earlier occasions, the writ petitions were disposed of by directing the respondents to conduct survey on 05.12.2023. It is stated that such survey was conducted and survey report and sketch have also been made ready.

3. The respondents are directed to send the same to the petitioner by RPAD. After the same is received by the petitioner, breathing time of three weeks will be given.

4. With this direction to the respondents, this writ petition stands disposed of. All the other contentions of the writ petitioner are left open. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 21st December 2023 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 3/4

4 W.P.(MD)NO.30411 OF 2023 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU To:

1. The District Collector, O/o.District Collector, Ramanathapuram, Ramanathapuram District.

2. The District Revenue Officer, O/o.District Revenue, Ramanathapuram, Ramanathapuram District.

3. The Revenue Divisional Officer, O/o.Revenue Divisional Office, Ramanathapuram, Ramanathapuram District.

4. The Tahsildar, O/o.Tahsildar Office, Ramanathapuram Taluk, Ramanathapuram District. W.P.(MD)No.30411 of 2023 21.12.2023 4/4

5 W.P.(MD)NO.30411 OF 2023 5/4