Madras High CourtWP/1280/2024disposed of

Pachamuthu v. The District Collector

2024-01-22Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Pachamuthu ... Petitioner versus 1.The District Collector, Kallakurichi.

2.The Revenue Divisional Officer, Kallakurichi.

3.The Tahsildar, Chinnasalem.

4.Thangavel ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 06.10.2023, and consequently direct the respondents 1 to 3 to cancel their proceedings and kept the S.No.752/4 admeasuring 0.88 cents as prior to the UDR Scheme. Pg.Nos.1/5

For Petitioner :

Mr.S.N.Subramani For Respondents :

Mr.R.Vigneshwaran Government Advocate for R1 to R3

O R D E R

Mr.R.Vigneshwaran, learned Government Advocate accepts notice for respondents 1 to 3. Since this writ petition is being disposed of without passing any adverse orders against 4th respondent, affecting his interest, notice to 4th respondent is dispensed with.

2.The petitioner has given a representation to the respondents 1 to 3 herein on 06.10.2023, seeking to cancel the proceedings in DKT981/1379 Fasali, in and by which, the petitioner's Tharisu land measuring an extent of 15 cents in S.No.752/1 was wrongly included with land belonging to one Thangavel/4th respondent herein and restore the land ad-measuring 0.88 cents in S.No.752/4 as it was prior to UDR scheme. Since there was no response from respondents 1 to 3 till date, the present writ petition has been filed.

Pg.Nos.2/5

3. This Court, at this stage, is not expressing any view on the merits of the matter, as it is for the respondents 1 to 3 to consider and decide the same on merits and in accordance with law. Since the limited prayer sought for in this writ petition is for disposal of the representation, this Writ Petition is disposed of, by directing respondents 1 to 3 to consider the representation of the petitioner dated 06.10.2023 and pass appropriate orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioner, 4th respondent herein as well as the rival claimants / interested parties if any as the case may be, within the stipulated time as stated in Circular No.R1/2005632/2022, dated 17.07.2023. There shall be no order as to costs.

22.01.2024 Index: Yes/No Speaking Order : Yes / No ms Pg.Nos.3/5

To 1.The District Collector, Kallakurichi.

2.The Revenue Divisional Officer, Kallakurichi.

3.The Tahsildar, Chinnasalem.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 22.01.2024 Pg.Nos.5/5