Madras High CourtWP(MD)/34028/2025disposed of

Murugesan M v. The District Collector

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

1 W.P.(MD)NO.34028 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.34028 of 2025 AND W.M.P.(MD)Nos.26841, 26843 & 26844 of 2025 M.Murugesan ... Petitioner Vs.

1. The District Collector, Pudukkottai District, Pudukkottai.

2. The Revenue Divisional Officer, Pudukkottai Division, Pudukkottai District.

3. The Tahsildar, Pudukkottai 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 relating to the impugned order of the third respondent in Na.Ka.No.6851/2025/A3 dated 12.11.2025 and quash the same as illegal and arbitrary.

For Petitioner : Mr.G.Prabhu Rajadurai, for Mr.M.Rajarajan.

For Respondents : Mr.K.S.Selvaganesan, Additional Government Pleader.

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2 W.P.(MD)NO.34028 OF 2025

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 the 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 normally be frustrated by enforcing the order in the meanwhile. It is well settled that 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 order passed by the jurisdictional Revenue Divisional Officer shall be kept in abeyance and put on hold till the appeal filed by the 2/4

3 W.P.(MD)NO.34028 OF 2025 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 Revenue Divisional Officer, Pudukkottai Division, Pudukkottai District.

3. The Tahsildar, Pudukkottai Taluk, Pudukkottai District.

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4 W.P.(MD)NO.34028 OF 2025 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.34028 of 2025 25.11.2025 4/4