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Madras High CourtWP/7336/2018disposed of

Kandasamy, v. The District Collector,

2024-03-14Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 14.03.2024 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.7336 of 2018 --- Kandasamy .. Petitioner Vs.

1. The District Collector, Thiruvannamalai District.

2. The Tahsildhar, Chetpet Taluk, Thiruvannamalai District.

3. The Revenue Divisional Officer, Chetpet Taluk, Thiruvannamalai District.

4. Vijayan .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to consider the representation made by the petitioner, dated 10.01.2018 to grant assignment in respect of S.No.41/5, 2 acre 94 cents at Mruukkanandal Village, Chetpet Taluk, Thiruvannamalai District in favour of the petitioner. For petitioner : Mr.P.Ganapathy For respondents: Mr.T.Arun Kumar, Addl.G.P. for RR-1 to 3 No appearance for R-4 1 / 4

ORDER

The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to consider the representation made by the petitioner, dated 10.01.2018 to grant assignment in respect of S.No.41/5, 2 acre 94 cents at Mruukkanandal Village, Chetpet Taluk, Thiruvannamalai District in favour of the petitioner.

2. Though the Writ Petition was filed in the year 2018, so far, the respondents have not filed counter affidavit and hence, this Court presumes that the respondents have no counter at all. Since this Writ Petition is filed for issuance of a simple Writ of Mandamus, though the petitioner has given the representation to the first respondent, the respondents cannot take advantage of the literacy of the petitioner. Therefore, the first respondent is directed to forward the said representation to the third respondent immediately without any further delay and also the petitioner is also directed to make fresh representation to the third respondent within a period of two weeks from the date of receipt of a copy of this order and on receipt of such representation, the third respondent is directed to issue notice to the petitioner and the fourth respondent and rival claimants/interested parties/objectors/aggrieved parties, as the case may be, and after giving notice to all the parties, conduct enquiry and 2 / 4

pass orders on merits and in accordance with law. The said exercise shall be completed within a period of three months from the date of receipt of the fresh representation from the petitioner.

3. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs.

14.03.2024 cs To

1. The District Collector, Thiruvannamalai District.

2. The Tahsildhar, Chetpet Taluk, Thiruvannamalai District.

3. The Revenue Divisional Officer, Chetpet Taluk, Thiruvannamalai District.

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P.VELMURUGAN, J cs W.P.No.7336 of 2018 14.03.2024 4 / 4