P.V.K.Prabhu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU P.V.K.Prabhu ... Petitioner -vs1. The District Collector, Nagapattinam,

2. The Revenue Divisional Officer, The Revenue Divisional Office, Nagapattinam,

3. The Thasildhar, The Thasildhar Office, Vedaranyam,

4. The Block Development Officer, Vedaranyam Panchayat Union, Vedaranyam,

5. The President, The Karuppampulam Panchayat, Karuppampulam, ... Respondents 1/6

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to hand over the Petitioner land in Survey No. 106/4E situated at Karuppampulam Village, Vedaranyam Taluk, Nagapattinam District based on the Petitioner representation dated 28.11.2023.

For Petitioner :

Mr. S.Senthilnathan for Mr. R.Muruga Bharathi For Respondents :

Mr. S.J.Mohamed Sathik, Government Advocate (for R1 to R3) Mr. M.S.Prem Kumar (for R4 & R5)

O R D E R

Heard Mr. S.Senthilnathan, Learned Counsel appearing for the Petitioner, Mr. S.J.Mohamed Sathik, Learned Government Advocate, who takes notice for the First to Third Respondents and Mr. M.S.Prem Kumar, Learned Counsel takes notice for the Third and Fifth Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

The grievance ventilated by the Petitioner is that it had made representation dated 28.11.2023 to the Respondents seeking for return of his land in Survey No. 106/4E situated at Karuppampulam Village, Vedaranyam 2/6

Taluk, Nagapattinam District, but as it did not evoke any response, it has necessitated the filing of this Writ Petition. 3.

Having regard to the limited nature of relief sought, this Court without expressing any view on the merits of the controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 28.11.2023 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 10 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard;

(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment; and 3/6

(vi) the report of such compliance shall be filed by 30.06.2024 before the Registrar (Judicial) of the Court.

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

01.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 22.03.2024.

pal/kv To

1. The District Collector, Nagapattinam,

2. The Revenue Divisional Officer, The Revenue Divisional Office, Nagapattinam,

3. The Thasildhar, The Thasildhar Office, Vedaranyam,

4. The Block Development Officer, Vedaranyam Panchayat Union, Vedaranyam, 4/6

5. The President, The Karuppampulam Panchayat, Karuppampulam, Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

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P.D. AUDIKESAVALU, J.

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