Madras High Court
R.Ramasamy vs The District Collector on 8 October, 2021
W.P.Nos.6043 of 2021 & 37764 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.10.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.Nos.6043 of 2021 and 37764 of 2015
and WMP Nos.6690, 6689, 6687 of 2021
WP No.6043 of 2021
R.Ramasamy ..Petitioner
Vs.
1. The District Collector,
Coimbatore.
2. The District Revenue Officer,
Coimbatore District.
Coimbatore.
3. The Block Development Officer,
Karamadai Block,
Mettupalayam Taluk,
Coimbatore District.
4. The Tahsildar,
Mettupalayam, Coimbatore.
5. The President,
1/8
https://www.mhc.tn.gov.in/judis/
W.P.Nos.6043 of 2021 & 37764 of 2015
Chikkadasampalayam Panchayat,
Karamadai Taluk,
Coimbatore District. ..Respondents
WP No.37764 of 2015
1. A.Priya
2. M.Velusamy
3. L.Parameswari
4. Sathish Kumar
5. Suseela
6. R.Gnanashanmugham
7. V.Muralidharan
8. M.Subramaniam
9. M.Meenakshi
10. S.Arumugam
11. S.Manimekala
12. A.Ramasamy ..Petitioners
Vs.
1. The District Collector,
Coimbatore District, Coimbatore.
2. The District Revenue Officer,
Coimbatore District.
Coimbatore.
3. The Revenue Divisional Officer,
Coimbatore District,
Coimbatore.
https://www.mhc.tn.gov.in/judis/
W.P.Nos.6043 of 2021 & 37764 of 2015
4. The Tahsildar
Mettupalayam
Coimbatore District ...Respondents
Prayer in WP No.6043 of 2021 : Writ Petition filed under Article
226 of the Constitution of India for issuance of a Writ of
Certiorarified Mandamus to call for the records relating to order in
No.954/2020/A4 dated 18.02.2021 issued by the 3rd respondent to
5th respondent and direct the respondents 1 to 4 stop to providing
basic amenities until the disposal of suit in O.S.No.405 of 2016 on
the file of the Additional District Judge IV, Coimbatore.
Prayer in WP No.21132 of 2019 : Writ Petition filed under Article
226 of the Constitution of India for issuance of a Writ of
Certiorarified Mandamus to call for the records relating to the
proceedings of the 4th respondent dated 06.11.2015 in
O.Mu.No.9746/2015/A2 quash the same and consequently direct the
4th respondent to grant patta in favour of the petitioners 1 to 11
herein for their respective properties in Survey No.105/1A at
Chikkadasampalayam Village, Mettupalayam Taluk, Coimbatore
https://www.mhc.tn.gov.in/judis/
W.P.Nos.6043 of 2021 & 37764 of 2015
District.
For Petitioner : Mr.P.Tamilavel
in WP No.6043 of 2021
M/s.J.Pothiraj
in WPNo.37764 of 2015
For Respondents : Mr.A.Selvendran
in WP No.6043 of 2021 Government Counsel for R1
MR.U.Bharanidharan
Government Advocate
for R2 and R3
Ms.Amirta for R4
in WP No.37764 of 2015
Mr.U.Bharanidharan
Government Advocate for
R1 to R4
COMMONORDER
The issue involved in both the writ petitions are common and
hence they are taken up together, heard and disposed of through this
common order.
2. The subject matter of challenge pertains to the impugned
proceedings of the Block Development Officer dated 18.02.2021, wherein
https://www.mhc.tn.gov.in/judis/
W.P.Nos.6043 of 2021 & 37764 of 2015
the direction has been given to the President of the Panchayat to
proceed further to provide amenities for nearly 105 families who are
living in SF No.105/1A, 105/1B.
3. Heard the learned counsel for the petitioner and the learned
counsel appearing on behalf of the respondents.
4. On carefully going through the materials placed before this
Court and after considering the submissions made on either side, the
main dispute seems to be the identification of the property. This Court in
exercise of its jurisdiction under Article 226 of the Constitution of India
cannot undertake such an exercise. However, there is a suit pending in
OS.No. 405 of 2016, on the file of the Vth Additonal District Judge,
Coimbatore, wherein the petitioner in W.P.No. 6043 of 2021 along with
his wife have filed a substantive suit against the official respondents as
well as the allottees of the lands. The issue regarding the identiy of the
property can be undertaken in the pending suit on the basis of the
evidence adduced before the Court.
https://www.mhc.tn.gov.in/judis/
W.P.Nos.6043 of 2021 & 37764 of 2015
5. The learned Counsel for the petitioner submitted that the
suit was filed in the year 2016 and the defendents have not filed any
written statement and as a result of the same, the suit is getting
adjourned from time to time. The learned counsel further submitted
that during the pendency of the suit, the official respondents in a hasty
manner have proceeded to provide amenities in the property belonging
to the petitioner and which has been wrongly identified by the
respondents.
6. In the considered view of this Court, it will be fit and proper
if a direction is issued to the Court below to dispose of the suit within a
time frame. It is made clear that the official defendants shall file a
written statement within the period of 6 weeks from the date of reciept
of the copy of this order. Thereafter, the Court below shall proceed to
frame the issues and conduct the trial. The final judgment and decree
shall be passed within a period of 6 months from the date of reciept of
the copy of this order. If the official respondents do not file the written
statement within the time stipulated by this Court, it is left open to the
Court below to set them ex-parte and proceed further to decide the suit
https://www.mhc.tn.gov.in/judis/
W.P.Nos.6043 of 2021 & 37764 of 2015
based on the materials placed by the petitioner. Whatever decisions are
taken by the official respondents, will be subject to the result of the
suit.
7. Both the writ petitions are disposed accordingly. No
costs. Consequently, the connected miscellaneous petitions are closed.
08.10.2021
rka
To
1. The District Collector,
Coimbatore.
2. The District Revenue Officer,
Coimbatore District.
Coimbatore.
3. The Block Development Officer,
Karamadai Block,
Mettupalayam Taluk,
Coimbatore District.
4. The Tahsildar,
Mettupalayam, Coimbatore.
5. The President,
Chikkadasampalayam Panchayat,
Karamadai Taluk,
Coimbatore District.
https://www.mhc.tn.gov.in/judis/
W.P.Nos.6043 of 2021 & 37764 of 2015
N. ANAND VENKATESH, J.
rka
W.P.Nos.6043 of 2021 and 37764 of 2015
and WMP Nos.6690, 6689, 6687 of 2021
08.10.2021
https://www.mhc.tn.gov.in/judis/
