Madras High CourtWP(MD)/33717/2025disposed of

Rm.Subbaiah v. The District Collector

2025-11-25Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.33717 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.33717 of 2025 AND W.M.P.(MD)Nos.26617 & 26618 of 2025 RM.Subbaiah ... Petitioner Vs.

1. The District Collector, Pudukkottai District, Pudukkottai.

2. The Sub-Collector / Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

3. The Tahsildar, Thirumayam Taluk, Pudukkottai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned order dated 12.09.2025 in Na.Ka.No.1001/2017(G&M) issued by the first respondent and consequential order passed by the third respondent made in Na.Ka.No.6492/2025/Aa4 dated 26.09.2025 and quash the same. 1/4

2 W.P.(MD)NO.33717 OF 2025 For Petitioner : Mr.P.Arun Jayatram For Respondents : Mr.M.Lingadurai, Special Government Pleader.

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O R D E R

Heard both sides.

2. The writ petitioner was accused of having indulged in illicit quarrying. The Revenue Divisional Officer, Pudukkottai passed an order levying penalty. Aggrieved by the same, appeal has been filed before the District Collector, Pudukkottai. In the meanwhile, the assessment order is sought to be enforced.

3. There is considerable merit in the contention of the petitioner's counsel that the right of first appeal is a statutory right and that it should not ordinarily be frustrated by enforcing the order in the meanwhile. It is well settled that the appeal is a continuation of the original proceedings. All the entire factual and legal matrix are once again opened before the appellate authority. The appellate authority can very well dispose of the appeal expeditiously. The 2/4

3 W.P.(MD)NO.33717 OF 2025 order passed by the jurisdictional Revenue Divisional Officer shall be kept in abeyance and put on hold till the appeal filed by the petitioner is disposed of. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

25.11.2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The District Collector, Pudukkottai District, Pudukkottai.

2. The Sub-Collector / Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

3. The Tahsildar, Thirumayam Taluk, Pudukkottai District.

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4 W.P.(MD)NO.33717 OF 2025 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.33717 of 2025 25.11.2025 4/4