Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 87679 (MAD)

R.KAVITHA v. THE DISTRICT COLLECTOR

WP/32781/2025 · 2025-09-01

M Dhandapani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.32781 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.09.2025 CORAM : THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.32781 of 2025 and W.M.P.Nos.36703 & 36707 of 2025 1.R.Kavitha 2.R.Ramprakash 3.R.Sandya Lakshmi ... Petitioners Vs. 1.The District Collector, Office of District Collectorate, Coimbatore District. 2.The District Revenue Officer, Office of District Collectorate, Coimbatore District. 3.The Sub Collector, Valparai Division, Coimbatore District. 4.The Tahsildar, Valparai Taluk, Coimbatore District. 5.Prabhu ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, to call for the records made in Page No.1 of 7 https://www.mhc.tn.gov.in/judis W.P.No.32781 of 2025 impugned order in Na.Ka.No.357/2024, dated 30.04.2024 on the file of 4th respondent and quash the same. For Petitioners : Mr.B.Manoharan for M/s.S.Mannar Samy For Respondents : Mr.G.Velu Additional Government Pleader [R1 to R4] Notice dispensed with [R5] ***** ORDER This Writ Petition has been filed by the petitioners seeking for a Writ of Certiorari, to call for the records made in impugned order in Na.Ka.No.357/2024, dated 30.04.2024 on the file of 4th respondent and quash the same. 2. Since no adverse order has been passed against the 5th respondent, notice to the 5th respondent is dispensed with. 3. Mr.G.Velu, learned Additional Government Pleader, accepts notice on behalf of the respondents 1 to 4. In view of the consent expressed by the parties, this writ petition is taken up for final disposal at the stage of admission itself. Page No.2 of 7 https://www.mhc.tn.gov.in/judis W.P.No.32781 of 2025 4. The case of the petitioners is that, they are the owners of the subject property. Whileso, the 5th respondent has illegally taken the possession of the subject property on the basis of the forged unregistered sale agreement, thereby, the petitioners have made a complaint before the law enforcing agency, which was registered as Crime No.64 of 2024. To counter the same, the 5th respondent made a false complaint and the same was registered as Crime No.65 of 2024. Thereafter, the 5th respondent also made a complaint before the revenue officials against the petitioners, pursuant to which, the 4th respondent has passed the impugned order dated 30.04.2024 in terms of Section 15(iii) of Tamil Nadu Public Buildings (Licencing) Act, 1965 (in short 'the Act'). In addition to that, the 5th respondent had also filed a suit in O.S.No.19 of 2024 on the file of the District Munsiff Court, Valparai, in which, the petitioners have filed an interlocutory application in I.A.No.6 of 2024 seeking to reject the suit filed by the 5th respondent and the same was allowed vide order dated 06.11.2025. Challenging the impugned order passed by the 4th respondent, the petitioners have filed this writ petition before this Court. 5. Though very many grounds have been raised in this writ petition, learned counsel appearing for the petitioners submits that, as Page No.3 of 7 https://www.mhc.tn.gov.in/judis W.P.No.32781 of 2025 against the impugned order passed by the 4th respondent, there is an effective appeal remedy available under the Act. Hence, he prays that, this Court may grant the above liberty to the petitioners. 6. In view of the above submissions made by the learned counsel appearing for the petitioners, this Court, without interfering with the impugned order, grants liberty to the petitioners to approach the appellate authority to workout the remedy in the manner known to law, if the limitation period has not expired, within a period of two weeks from the date of receipt of a copy of this order. If any appeal is filed by the petitioners within the stipulated time, the appellate authority is directed to pass appropriate orders on merits and in accordance with law, within a period of eight weeks thereafter, after affording an opportunity of personal hearing to the petitioners and aggrieved persons, if any. 7. With the above liberty, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. 01.09.2025 Index : Yes / No (½) Speaking order / Non-speaking order Neutral Citation Case : Yes/No sp Page No.4 of 7 https://www.mhc.tn.gov.in/judis W.P.No.32781 of 2025 To 1.The District Collector, Krishnagiri District, Krishnagiri – 635 001. 2.The District Revenue Officer, Krishnagiri District, Krishnagiri – 635 001. 3.The Revenue Divisional Officer, Krishnagiri District, Krishnagiri – 635 002. 4.The Tahsildar, Hosur Taluk Office, Hosur – 635 109. Page No.5 of 7 https://www.mhc.tn.gov.in/judis W.P.No.32781 of 2025 M.DHANDAPANI, J. sp W.P.No.32781 of 2025 01.09.2025 (½) Page No.6 of 7 https://www.mhc.tn.gov.in/judis W.P.No.32781 of 2025 W.M.P.No.36701 of 2025 in W.P.No.32781 of 2025 M.DHANDAPANI,J. Ordered on payment of single court fee. 01.09.2025 sp (2/2) Page No.7 of 7 https://www.mhc.tn.gov.in/judis