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2024 DIGILAW 1786 (MAD)

K. Venkatesan, S/o. Krishnan v. District Collector, Tiruvannamalai

2024-08-02

K.GOVINDARAJAN THILAKAVADI, M.SUNDAR

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ORDER : M. Sundar, J. Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} has been filed assailing a 'communication / letter dated 12.07.2024 bearing reference No.F.1/Vu.Po(Ko)/2024 from R4 {the Assistant Engineer, WRO, Irrigation Department, Public Works Department, Kovilur, Cheyyar Taluk, Tiruvannamalai District} to R2 {the Tahsildar, Cheyyar Taluk, Tiruvannamalai District} and the Sub-Inspector of Police, Anakkavur Police Station, Anakkavur, Tiruvannamalai District, Cheyyar Taluk' {hereinafter 'impugned communication / letter' for the sake of brevity}. A scanned reproduction of the impugned communication / letter is as follows : 2. Mr. W.M. Abdul Majeed, learned counsel on record for writ petitioner, who is before us submits that though the impugned communication / letter is not marked to writ petitioner, writ petitioner was favoured with a copy of the same and therefore, captioned WP has been filed on the basis of the copy which was furnished to writ petitioner. 3. Notwithstanding myriad grounds and averments in support writ affidavit, learned counsel drew our attention to three earlier orders made by three other Hon'ble Division Benches being orders dated 21.10.2009, 11.08.2023 and 10.04.2024 in W.P.Nos.25174 of 2006, 23413 of 2023 and 4051 of 2024 respectively. 4. Adverting to aforementioned three orders, learned counsel predicated his campaign against impugned communication / letter on the sole ground that R2 or for that matter R4 is not competent authority referred to in the earlier orders of other Hon'ble Division Benches. 5. Issue notice to official respondents. 6. Mr. P. Balathandayathum, learned Special Government Pleader accepts notice for respondents 1 to 5. 7. Learned State counsel, on instructions, submits that the impugned communication / letter has been issued with the intention of implementing the directive of order of Hon'ble Division Bench dated 10.04.2024 in W.P.No.4051 of 2024 and more particularly paragraph No.5 thereat. Learned State counsel submits that measurements were not taken on 18.07.2024, it was rescheduled, a peace committee meeting was held by R2 and measurements are scheduled to be made today. Learned State counsel drew our attention to proceedings of R2 made in the peace committee meeting on 26.07.2024 and a scanned reproduction of the same is as follows : 8. Learned State counsel submits that measurements were not taken on 18.07.2024, it was rescheduled, a peace committee meeting was held by R2 and measurements are scheduled to be made today. Learned State counsel drew our attention to proceedings of R2 made in the peace committee meeting on 26.07.2024 and a scanned reproduction of the same is as follows : 8. As already alluded to supra, notwithstanding myriad grounds and averments made in the support writ affidavit, learned counsel for writ petitioner predicated his argument on the sole point that R2 or for that matter R4 will not qualify as 'Competent Authority' alluded to in the earlier WP orders dated 21.10.2009 and 10.04.2024 in W.P.No.25174 of 2006 and W.P.No.4051 of 2024 and more particularly paragraph 9 of 21.10.2009 order and paragraph No.4 of 10.04.2024 order. 9. 'Competent Authority' is neither a 'term of art' nor a 'statutorily defined expression'. There is a directive to the State to act vide order dated 10.04.2024 in W.P.No.4051 of 2024. Therefore, we deem it appropriate to say that we refrain from interfering in the matter and we would be giving a closure to WP (to be noted, main WP is taken up in the Admission Board with the consent of learned counsel on both sides) inter alia by preserving rights by R6 (private respondent) as we are acutely conscious that R6 is not before this Court. 10. Suffice to say that the outcome of measurements today (02.08.2024) in the form of report shall be furnished to writ petitioner {Mr. K. Venkatesan} as well as R6 (Mr. M. Murugan - private respondent). We preserve all the rights and contentions of writ petitioner as well as R6 and leave open all questions to assail the report, if permissible in law i.e., in a manner known to law, if the writ petitioner and / or R6 are aggrieved in any manner by the report. Captioned WP disposed of in the aforesaid manner with the aforementioned observations and preservation of rights in the aforementioned manner. Consequently, connected writ miscellaneous petitions are disposed of. There shall be no costs.