C.Ramachandran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2019

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.10792 of 2010 and M.P.No.1 of 2010 C.Ramachandran ..Petitioner Vs 1.The District Collector, 2.The Tahsildhar, Jayamkondam, 3.The Village Administrative Officer, T.Chozhankurichi, Udayarpalayam Taluk, .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking issuance of a writ of mandamus, forbearing the respondents from issuing patta to any person in respect of the lands comprised in S.No.64/1 measuring an extent of 2 Hectares and 18 1⁄2 Ares and S.No.64/2 measuring an extent of 3 Hectares and 28 1⁄2 Ares situated in T.Chozhankurichi Village, Udayarpalayam Taluk, Ariyalur District. For Petitioner : Mr.K.Balu For Respondents : Mr.B.Anand Government Advocate

O R D E R

Heard Mr.K.Balu, learned counsel for the petitioner, Mr.B.Anand, learned Government Advocate for the respondents and perused the materials available on record.

2.This writ petition has been filed for issuance of writ of mandamus, forbearing the respondents from issuing patta to any person in respect of the lands comprised in S.No.64/1 measuring an extent of 2 Hectares and 18 1⁄2 Ares and S.No.64/2 measuring an extent of 3 Hectares and 28 1⁄2 Ares situated at T.Chozhankurichi Village, Udayarpalayam Taluk, Ariyalur District.

3.The learned counsel for the petitioner would submit that it would suffice, if a direction is issued to the first respondent to consider the representation of the petitioner dated 10.05.2010.

4. The learned Government Advocate appearing for the respondents, on instructions, would submit that the first respondent is ready to consider the representation of the petitioner on merits and in accordance with law.

5. In the light of the limited scope of prayer sought for in this writ petition and the submissions made by the learned counsel on either side, this Court without going into the merits of the case, directs the petitioner to give a fresh representation to the first respondent, by enclosing a copy of this order within a period of four weeks. On such compliance, the first respondent shall consider the same and pass orders on merits and in accordance with law, after providing an opportunity of hearing to all necessary parties, within a period of twelve weeks therefrom. During the pendency of the writ petition, the order of status quo granted by this Court on 19.05.2010, shall continue till the disposal of the fresh representation of the petitioner. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ms To 1.The District Collector, 2.The Tahsildhar, Jayamkondam,

3.The Village Administrative Officer, T.Chozhankurichi, Udayarpalayam Taluk, +1cc to Mr.K.Balu, Advocate sr.61065 +1cc to Government Pleader sr.61953 W.P.No.10792 of 2010 and M.P.No.1 of 2010 ks(co) nr 18/09/2019