R.Visalakshi vs The District Collector
2024 Latest Caselaw 18973 Mad

Madras High Court

R.Visalakshi vs The District Collector on 26 September, 2024

Author: D.Krishnakumar

Bench: D.Krishnakumar

                                                                          W.A.No.586 of 2024



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 26.09.2024

                                                      CORAM :

                             THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
                                                        AND
                                        THE HON'BLE MR.JUSTICE P.B.BALAJI


                                                 W.A.No.586 of 2024


                     1.R.Visalakshi
                     2.S.K.Krithika                                      .. Appellants

                                                        Vs

                     1.The District Collector,
                       Coimbatore.

                     2.The Revenue Divisional Officer
                       cum Sub Divisional Magistrate,
                       Coimbatore North,
                       Coimbatore.

                     3.Ramasamy Gounder

                     4.The Tahsildar,
                       Annoor Taluk Office,
                       Coimbatore District.                              .. Respondents


                     Prayer: Appeal under Clause 15 of the Letters Patent against the order
                     dated 30.1.2024 passed by the learned Single Judge in W.P.No.1893
                     of 2024.



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                                                                                   W.A.No.586 of 2024



                                      For the Appellants        : Mr.K.J.Parthasarathy

                                      For the Respondents       : Mr.M.Habbeb Rahman
                                                                  Government Advocate
                                                                  for respondents 1, 2 and 4

                                                                : Mr.A.Parthasarathy
                                                                  for respondent No.3


                                                           JUDGMENT

(Delivered by the Hon'ble Acting Chief Justice)

By consent, the writ appeal is taken up for final disposal.

2. This writ appeal is directed against the order of the learned

Single Judge dated 30.1.2024 passed in W.P.No.1893 of 2024.

3. Learned counsel for the private respondent submitted that the

second appellant has preferred an appeal before the District Collector,

Coimbatore, and the same was rejected vide order dated 15.3.2024.

He has also placed on record the order of the District Collector.

Learned counsel further submitted that, if really the second appellant

is aggrieved by the said order, she has to take further course of action

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in the manner known to law.

4. Refuting the said submission, learned counsel for the

appellants submitted that the District Collector has not passed the said

order in the capacity of an appellate authority and, therefore, the

question of challenging the said order does not arise.

5. In reply, learned counsel for the private respondent submitted

that when the District Collector has passed the above order as an

appellate authority, the present writ appeal is not sustainable in the

eye of law and he seeks for dismissal of the writ appeal.

6. At this juncture, learned counsel for the appellants fairly

agreed that the matter may be remitted before the writ court by giving

liberty to the appellants to amend the prayer in the writ petition by

filing an amendment application. For that, learned counsel for the

private respondent may not have any serious objection.

7. In view of the above, we set aside the impugned order of the

learned Single Judge and remit the matter to the writ court. The

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appellants are given liberty to file an application to amend the prayer.

If any such application is filed, the same shall be decided by the writ

court on merits and in accordance with law. The respondents are also

given liberty to file their objection, if any, in the application for

amendment.

8. The writ appeal is allowed in terms aforesaid. There shall be

no order as to costs. Consequently, C.M.P.No.4114 of 2024 is closed.

                                                                  (D.K.K., ACJ.)      (P.B.B., J.)
                                                                             26.09.2024

                     Index             :     Yes/No
                     NC                :     Yes/No
                     bbr

                     To

                     1.The District Collector,
                       Coimbatore.

2.The Revenue Divisional Officer cum Sub Divisional Magistrate, Coimbatore North, Coimbatore.

3.The Tahsildar, Annoor Taluk Office, Coimbatore District.

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THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.

bbr

26.09.2024

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