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Madras High CourtWP/11285/2014disposed of

N.Nagendiran, v. The Thasildar,

2016-07-29Honourable Mr Justice M. Jaichandren2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.11285 of 2014 N.Nagendiran ... Petitioner Vs.

1. The Tahsildar, Sankari Taluk, Sankari, Salem District.

2. M.Srinivasan (R-2 impleaded as per order dated 23.6.2014 in M.P.No.1 of 2014) ... Respondents The writ petition is filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus, directing the respondent to cancel the sub division made in S.No.148/12C2, as S.Nos.148/12C2A, 148/12C2B, situated at Theppakuttai village, Sankari Taluk, Salem District, by considering the petitioner's representations on 6.2.2014 and 29.03.2014.

For Petitioner : Mr.R.Marudhachalamurthy For Respondents : Mr.R.Ravichandran, Additional Government Pleader for R-1 Mr.N.Manokaran for R-2

ORDER

Heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsels appearing on behalf of the respondents.

2.

This writ petition has been filed by the petitioner, praying that this Court may be pleased to issue a Writ of Mandamus, directing the respondent to cancel the sub division, made in S.No.148/12C2, as S.Nos.148/12C2A, 148/12C2B, situated https://hcservices.ecourts.gov.in/hcservices/

at Theppakuttai village, Sankari Taluk, Salem District, by considering the petitioner's representations, dated 6.2.2014 and 29.03.2014.

3.

Though various grounds have been raised in the affidavit filed in support of the writ petition, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the first respondent is directed to dispose of the representation of the petitioner, dated 29.03.2014, on merits and in accordance with law, within a specified period. 4.

In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned counsel appearing on behalf of the petitioner, this Court finds it appropriate to direct the first respondent to dispose of the representation of the petitioner, dated 29.03.2014, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner, as well as to the second respondent and the other persons concerned, if any. The petitioner shall furnish a copy of the representation, dated 29.03.2014, to the first respondent, along with a copy of this order. However, it is made clear that this Court has not expressed any opinion on the merits of the matter, by passing this order.

5.

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

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar vvk To The Tahsildar, Sankari Taluk, Sankari, Salem District.

+1cc to Mr.N.Manokaran, Advocate, S.R.No.43463 +1cc to Mr.R.Marudhachalamurthy, Advocate, S.R.No.43418 +1cc to the Government Pleader, S.R.No.43283 W.P.No.11285 of 2014 PPA(CO) CA(23/08/2016) https://hcservices.ecourts.gov.in/hcservices/