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Madras High CourtWP/2215/2024disposed of

R.Ilangovan v. District Collector

2024-02-01Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.2215 of 2024 and W.M.P. No.2398 of 2024 R.Ilangovan ... Petitioner Vs.

1. The District Collector Office of the District Collector Perambalur Town Perambalur Taluk and District

2. The Tahsildar Perambalur, Perambalur Taluk Perambalur District

3. The Deputy Tahsildar (HQ) Perambalur, Perambalur Taluk Perambalur District

4. Krishnaveni

5. Mallika

6. Ulaganathan

7. Jaganathan

8. Maruthambal

9. Chitra 10.Elavarasan ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to conduct fresh enquiry and include the legal heirs of Late.Smt.Nagammal and Late.Mr.Maruthamuthu as well, in Manaivari Thoraya Patta 989, issued on 28.03.2023 along with the existing respondents' 4 to 10 names, in respect of 1/5

the property bearing Old S.No.106/4 part, New S.No.280/5 of Ammapalayam Village, Perambalur Taluk, and District within the limits prescribed by this Court.

For Petitioner : Mr.P.Thiagarajan For R1 to R3 : Mrs.V.Yamunadevi Special Government Pleader

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the second respondent to conduct fresh enquiry and include the legal heirs of Late.Smt.Nagammal and Late.Mr.Maruthamuthu as well, in Manaivari Thoraya Patta 989, issued on 28.03.2023 along with the existing respondents' 4 to 10 names, in respect of the property bearing Old S.No.106/4 part, New S.No.280/5 of Ammapalayam Village, Perambalur Taluk, and District within the limits prescribed by this Court.

2. The learned counsel for the petitioner submitted that it would suffice if a direction is issued to the respondents to consider the petitioner's representation dated 27.11.2023 and 18.12.2023 submitted before the respondents 2 and 1 herein.

3. Mrs.V.Yamunaevi, learned Special Government Pleader takes notice 2/5

for the respondents 1 to 3. Since no adverse order is to be passed against the respondents 4 to 10, notice to the respondents 4 to 10 is dispensed with.

4. Since this writ petition is filed seeking a simple writ of mandamus, this Court without expressing any opinion with regard to the merits of the case, directs the official respondents to consider the petitioner's representations and issue notice to the petitioner, respondents 4 to 10 herein and also to the rival claimants/interested parties/objectors if any as the case may be and conduct enquiry in the manner known to law and pass orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of at the admission stage itself. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to cost.

01.02.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The District Collector Office of the District Collector Perambalur Town Perambalur Taluk and District

2. The Tahsildar Perambalur, Perambalur Taluk Perambalur District

3. The Deputy Tahsildar (HQ) Perambalur, Perambalur Taluk Perambalur District 4/5

P.VELMURUGAN. J.

Ksa-2 01.02.2024 5/5