P.Jayadev v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD P.Jayadev

...Petitioner

-Vs1.The District Collector, Tiruvannamalai, Tiruvannamalai District.

2.The Revenue Divisional Officer, Tiruvannamalai, Tiruvannamalai District.

3.The Tahsildar, Thandarampet Taluk Office, Thiruvannamalai District - 606 707.

4.Dhananchezhian

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, Writ of Mandamus, directing respondents 1 to 3 to consider the petitioner's representation dated 11.12.2018 and pass such further orders. 1/4

For Petitioner :

M/s.S.Ambigapathi For R1 to R3 :

M/s.M.Jayanthy Additional Government Pleader For R4 :

No appearance

O R D E R

This writ petition is filed for issuance of a Writ of Mandamus, directing respondents 1 to 3 to consider the petitioner's representation dated 11.12.2018.

2. Learned counsel for the petitioner submitted that the petitioner made a representation dated 31.07.2008 to the first respondent. After receipt of his representation, the Personal Assistant to the first respondent / District Collector, Tiruvannamalai District, vide letter dated 05.08.2008, directed respondents 2 and 3 to take action on the petitioner's representation. Subsequently, the second respondent sent a letter dated 31.01.2009 to the petitioner stating to approach the Land Survey Department for measuring the lands. Thereafter, the third respondent issued a notice dated 20.06.2009 to the petitioner and other parties to appear for the enquiry with documents on 25.03.2009. But till date, no one has come forward to attend the enquiry and the matter is still pending. However, the petitioner made several 2/4

representations on 05.06.2017, 16.07.2017 and 03.07.2018 to the first respondent and 11.12.2018 to the third respondent, but no action has been taken so far. Hence, the present writ petition has been filed.

3. A counter affidavit was filed on behalf of respondents 1 to 3 dated 25.03.2019.

4. Heard both sides and perused the materials available on record.

5. In view of the above submission made by the learned counsel for the petitioner, this Court directs respondents 2 and 3 to consider the representation of the petitioner dated 11.12.2018, after giving due notice to both parties, opportunity of personal hearing to the petitioner as well as rival claimants/interested parties if any, to take into consideration the documents filed by the parties and pass appropriate orders on merits, in accordance with law thereby following the above principles of natural justice within a period of eight weeks from the date of receipt of a copy of this order.

J.SATHYA NARAYANA PRASAD, J.

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In the result, the writ petition stands disposed of with the above direction. No costs.

11.07.2024 cda Index : Yes/No Speaking/Non Speaking order To 1.The District Collector, Tiruvannamalai, Tiruvannamalai District.

2.The Revenue Divisional Officer, Tiruvannamalai, Tiruvannamalai District.

3.The Tahsildar, Thandarampet Taluk Office, Thiruvannamalai District - 606 707.

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