K.Subramaniyam Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

K.Subramaniyam Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

W.P.No.23810 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2025

CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ

WP No.23810 of 2024 and W.M.P.Nos.26060 and 26061 of 2024

K.Subramaniyam

.. Petitioner

vs.

1.The District Collector, Collector Office, Erode, Erode District-638 011.

2.The Director,

Town and Country Planning,

2^nd and 3^rd Floors, C&E Market Road, Koyambedu, Chennai-600 107.

3.The Deputy Director (General), Direct Town and Country Planning Office, Chennimalai Road, Erode-638 011.

4.The President, Elunooththimangalam Village Panchayat, Rasampalayam Post, Kodumudi Taluk, Erode District-638 151.

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W.P.No.23810 of 2024

5.The Village Administrative Officer, 20, Elunooththimangalam A Village, 21, Devagiammapuram, Kodumudi Taluk.

6.A.Palanisamy 7.C.Deivasigamani 8.G.Govindhasamy 9.M.Balasubramaniyam

.. Respondents

PRAYER: Petition under Article 226 seeking issuance of a writ of certiorari calling for the records relating to the order passed by the third respondent in its proceedings in ROC No.SBRR46PS/2023/TCP, dated 28.10.2023 and quash the same as illegal, arbitrary and contrary to law.

For Petitioner : Mr.V.S.Kesavan

For Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.M.Habeeb Rahman Government Advocate for respondents 1 to 3 and 5

Mrs.Hema Sampath Senior Counsel for Mr.C.Prakasam for respondents 6 to 9

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W.P.No.23810 of 2024

No appearance for respondent No.4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice)

There is a counter affidavit filed by one Raja Gopal Sunkara, affirmed

on 8.1.2025. The said Raja Gopal Sunkara is the District Collector and first respondent. It is stated in the affidavit that the registers have been verified and fabrication has been noticed in respect of Survey Nos.265 and 267/3 for the Fasili years 1430 and 1431.

There is also an additional affidavit of one A.Palanisamy, affirmed on 9.12.2024, on behalf of respondent Nos.6 to 9, in which it is stated that when they inspected the original ledger in the Tahsildar's office, they found that the original records, after the layout sanction, have been tampered.

Shri Prabakar states that respondent No.1 will enquire into the matter and consider all the grounds raised by petitioner and take necessary action in accordance with law after giving notice and hearing respondent Nos.6 to 9 as well as petitioner. Statement accepted.

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W.P.No.23810 of 2024

In view of the statement made by Shri Prabakar, we dispose of the

petition. There shall be no order as to costs. Consequently, interim applications stand closed.

(K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ,J.) 06.03.2025 Index : Yes/No NC : Yes/No sasi

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W.P.No.23810 of 2024

To:

1.The District Collector, Collector Office, Erode, Erode District-638 011.

2.The Director, Town and Country Planning, 2^nd and 3^rd Floors, C&E Market Road, Koyambedu, Chennai-600 107.

3.The Deputy Director (General), Direct Town and Country Planning Office, Chennimalai Road, Erode-638 011.

4.The President, Elunooththimangalam Village Panchayat, Rasampalayam Post, Kodumudi Taluk, Erode District-638 151.

5.The Village Administrative Officer, 20, Elunooththimangalam A Village, 21, Devagiammapuram, Kodumudi Taluk.

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W.P.No.23810 of 2024

THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.

(sasi)

WP No.23810 of 2024

06.03.2025

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