Allowed

Madasamy v. The District Collector

Madras HC12 Aug 2024WP(MD)/19320/2024

Case brief

AI extract

What is this about?

This writ petition sought a Certiorari to quash a letter. The Court directed the first respondent to dispose of the petitioner's pending representation/appeal after hearing parties, pending which the petitioner shall not be disturbed. The petition was then dismissed.

What did the court decide?

Directed 1st respondent to dispose of representation/appeal after hearing parties; petitioner not to be disturbed until final order.

Madasamy Vs The District Collector — Landlord and Tenant | Madras HC (2024)

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W.P.(MD)No.19320 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 12.08.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE P.VELMURUGAN

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AND

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THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

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W.P.(MD)No.19320 of 2024 and

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W.M.P.(MD)Nos.16390 & 16391 of 2024

Madasamy

... Petitioner

Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

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2.The District Revenue Officer, Virudhunagar District, Virudhunagar.

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3.The Revenue Divisional Officer, Sivakasi Taluk, Virudhunagar District.

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4.The Tahsildar, Sivakasi, Virudhunagar District.

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5.The Block Development Officer, Vembakottai, Virudhunagar District.

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6.The President, Vembakottai Panchayat, Virudhunagar District.

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7.The Inspector of Police, Vembakottai Police Station, Vembakottai, Virudhunagar District.

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8.Karthick

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https://www.mhc.tn.gov.in/judis

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...Respondents

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W.P.(MD)No.19320 of 2024

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PRAYER: Petition filed under Article 226 of Constitution of India, praying this Court to issue Writ of Certiorari, calling for the records relating to the impugned letter in Na.Ka.B3/1566/2024, dated 31.07.2024 issued by the 5^th respondent and quash the same as illegal insofar as the writ petitioner.

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For Petitioner : Mr.A.L.Kannan For R1 to R6 : Mr.S.R.A.Ramachandran, Additional Government Pleader For R7 : Mr.T.Senthil Kumar, Additional Public Prosecutor

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ORDER

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(Order of the Court was made by P.VELMURUGAN, J.)

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By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

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2.Mr.S.R.A.Ramchandran, learned Additional Government Pleader

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takes notice for the respondents 1 to 6 and Mr.T.Senthil Kumar, learned Additional Public Prosecutor takes notice for the 7^th respondent. Considering the nature of order proposed to be passed in this Writ Petition, notice to the 8^th respondent is dispensed with.

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3.The learned counsel appearing for the petitioner would submit that the petitioner has made a representation / appeal before the 1^st respondent and if the same may be directed to be considered, the petitioner would be satisfied.

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https://www.mhc.tn.gov.in/judis

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2/5

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W.P.(MD)No.19320 of 2024

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4.The learned Additional Government Pleader appearing for the

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respondents 1 to 6 would submit that if the representation / appeal is pending with the 1^st respondent, the same would be considered on its own merits and appropriate order would be passed in accordance with law.

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5.Considering the submissions made on either side, without going into the merits of the case, we direct the 1^st respondent to dispose of the representation / appeal filed by the petitioner, after giving opportunity to the parties concerned and if it is found that the petitioner is an encroacher, necessary action to remove the encroachment would be taken by the authorities concerned by following due process of law. Till the final order is passed in the appeal / representation, the petitioner shall not be disturbed.

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6.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

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[P.V, J.] & [K.K.R.K., J.]

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12.08.2024

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NCC : Yes / No Index : Yes/No Internet : Yes/No

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Yuva

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https://www.mhc.tn.gov.in/judis 3/5

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W.P.(MD)No.19320 of 2024

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1.The District Collector, Virudhunagar District, Virudhunagar.

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2.The District Revenue Officer, Virudhunagar District, Virudhunagar.

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3.The Revenue Divisional Officer, Sivakasi Taluk, Virudhunagar District.

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4.The Tahsildar, Sivakasi, Virudhunagar District.

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5.The Block Development Officer, Vembakottai, Virudhunagar District.

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6.The President, Vembakottai Panchayat, Virudhunagar District.

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7.The Inspector of Police, Vembakottai Police Station, Vembakottai, Virudhunagar District.

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https://www.mhc.tn.gov.in/judis

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4/5

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W.P.(MD)No.19320 of 2024

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P.VELMURUGAN, J.

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AND

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K.K.RAMAKRISHNAN, J.

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Yuva

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W.P.(MD)No.19320 of 2024

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12.08.2024

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https://www.mhc.tn.gov.in/judis

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Madasamy v. The District Collector

Case brief

What is this about?

What did the court decide?

Madasamy v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

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