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Madras High CourtWP/6231/2025disposed of

Govindasamy Vidjeacoumar v. The District Collector

2025-02-26Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-02-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Govindasamy Vidjeacoumar Charles S/o.Govindasamy No.1732, Allee Du Vieux Pont De Serves 92100, Boulonge, Billan Court, Grance Represented by its Power of Attorney Yamunae stephanie,Aged 62 years D/o.Ethirajulu,Shoba HRC Pristine, Unit No.C.1013 Off Jakur Road, Amrutahalli Main Road, Opposite to K.V.Jairam Road, Jakkuru Layout, Jakkuru, Bangaluru 560 092 Petitioner(s) Vs

1. The District Collector Distirct Collectorate, Duplex Street, Karaikal 2.The Deputy Collector/The Chairman Land Grabbing Taluk Office Karaikal 609 602 3.TAHSILDAR

Karaikal Taluk Office, Karaikal 609 4.Govindasamy Kanaga Pouchanam W/o. Rengaradjou, No. 53 Murugam Nagar Extension, Karaikal 609602.

5.A. Veerapandian Advocate, No. 165 Bharathiyar Street, Karaikal 609602.

6.N.Vasudevan No. 23 2nd Cross Steet, Subbaiyah Pillainagar, Ammal Chatiram, Karaikal Respondent(s) PRAYER Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd respondent to consider the representation dated 21.09.23 and pass appropriate orders after considering the facts and circumstance and providing opportunities to all stake holders in light of G.O Ms 03/2023/1430 dated 06.03.2023 the special cell (land grabbing) issued by the Government of pudcherry and pass orders. For Petitioner(s):

C.VIGNESWARAN KATARIA AMI V VASANTHA

KUMAR P SUGANRAJ S SRIVADIVU T For Respondent(s):

Mr.A.Tamilvanan, Agp For Respondents 1 to 3

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 2 nd respondent to consider the representation made by the petitioner on 21.09.2023 and to take a decision within the time frame fixed by this Court.

2. Heard Mr.C.Vigneswaran, learned counsel for the petitioner and Mr.A.Tamilvannan, learned Additional Government Pleader for respondents 1 to 3.

3. The case of the petitioner is that the subject property was bequeathed in favour of the petitioner and his elder brother. The 4 th respondent is said to have executed an unregistered exchange deed touching upon the subject property in favour of D.Selvaraj and the said D.Selvaraj executed an unregistered Exchange deed of enjoyment to one Mr.A.Veerapanidan, who is the 5 th respondent in this

writ petition. That apart, the 4 th respondent and other legal heirs of the petitioner's brother sold the ground floor of the property in favour of the 6 th respondent. Aggrieved by all these transactions, the petitioner made a detailed representation dated 04.07.2019 to the Sub Collecotr, Karaikal on the ground that the property is being grabbed illegally by the private parties. Based on the complaint given by the petitioner, the 3 rd respondent conducted an enquiry and submitted a report before the 2 nd respondent. Thereafter, the 2 nd respondent did not act upon the report and there was no further progress in this case. The petitioner therefore made a representation to the 2 nd respondent dated 21.09.2023 and the same also did not evoke any response. It is under these circumstances, the present writ petition came to be filed before this Court. 4.

Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 2 nd respondent to act upon the report submitted by the 3 rd respondent dated 03.01.2020 and also the representation made by the petitioner on 21.09.2023 and take a decision on its own merits and in accordance with law and

appropriate orders shall be passed within a period of eight weeks from the date of receipt of a copy of this order.

5.

This writ petition is disposed of with the above directions. No costs.

26-02-2025 rka To 1.The District Collector Distirct Collectorate Duplex Street, karaikal 2.The Deputy Collector The Chairman Land Grabbing Taluk Office Karaikal 609 602 3.TAHSILDAR Karaikal Taluk Office, Karaikal 609 Index:Yes/No Speaking/Non-speaking order Internet:Yes

N.ANAND VENKATESH J.

rka 26.02.2025 2626-02-2025