Deivanai v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.02.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.
of 2024 Deivanai ... Petitioner Vs.
1. The District Collector Having office at Collectorate Cuddalore - 607 001 Cuddalore District
2. The District Revenue Officer Office of the District Revenue Officer Cuddalore - 607 001
3. The Revenue Divisional Officer Office of the Revenue Divisional Officer Cuddalore - 607 001 Cuddalore District
4. The Revenue Tahsildar Office of the Revenue Tahsildar Panruti - 607 106 Cuddalore District
5. Murugan 1/6
6. Amudha (minor)
7. Kavitha (minor)
8. Saridha (minor)
9. Sangeetha (minor) 10.Madhisudhan 11.Shivashanmuganadhan 12.Pichammal 13.Sembulingam 14.Mani 15.Ilango 16.Manikandan 17.Manibalan (minor) 18.Thirunavukkarasu ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents particularly the 3rd and 4th respondents to consider the representation dated 28.11.2023 of the petitioner, conduct and enquiry and to restore the revenue records in the name of the father of the petitioner Late.Appavu Padayachi, S/o. Rangan in respect of the lands comprised in Survey Nos.998 and 999, new Survey No.715/1 measuring an extent of 13.50 cents in Vegakollai Village, Panruti Taluk, Cuddalore District, within a time that may be fixed by this Court.
For Petitioner : Mr.M.Elumalai For R1 to R4 : Mr.A.Selvendran Special Government Pleader 2/6
ORDER
This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondents particularly the 3rd and 4th respondents to consider the representation dated 28.11.2023 of the petitioner, conduct and enquiry and to restore the revenue records in the name of the father of the petitioner Late.Appavu Padayachi, S/o. Rangan in respect of the lands comprised in Survey No.998 and 999, new Survey No.715/1 measuring an extent of 13.50 cents in Vegakollai Village, Panruti Taluk, Cuddalore District, within a time that may be specified 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 28.11.2023 within a stipulated time.
3. Mr.A.Selvendran, learned Special Government Pleader takes 3/6
notice for the respondents 1 to 4. Since no adverse order is being passed against the respondent 5 to 18, notice to the respondents 5 to 18 is dispensed with.
4. Having regard to the submissions made by the learned counsel on either side and since this writ petition is filed seeking a simple writ of mandamus to consider the petitioner's application/representation, this Court without expressing any opinion with regard to the merits of the case, directs the 3rd respondent to consider the petitioner's application/representation dated 28.11.2023 and issue notice to the petitioner and to the respondents 5 to 18 herein and also to the interested parties/rival claimants/objectors/aggrieved parties 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. The said exercise shall be completed within a period of three months from the date of receipt of copy of this order.
4/6
5. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 29.02.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No To
1. The District Collector Having office at Collectorate Cuddalore - 607 001 Cuddalore District
2. The District Revenue Officer Office of the District Revenue Officer Cuddalore - 607 001
3. The Revenue Divisional Officer Office of the Revenue Divisional Officer Cuddalore - 607 001 Cuddalore District
4. The Revenue Tahsildar Office of the Revenue Tahsildar Panruti - 607 106 Cuddalore District 5/6
P.VELMURUGAN. J.
Ksa-2 W.P. No.
of 2024 29.02.2024 6/6