Kalaiselvi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2024 CORAM :

THE HON'BLE MR. JUSTICE R.MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ 1.KALAISELVI 2.AMUTHA 3.BAKIYALAKSHMI 4.AMMAI 5.SAKTHIVEL 6.KESAVAN 7.MURUGAN 8.GANESAN 9.CHITHAN 10.SIVASANKARAN 11.CHINNU 12.MURUGESAN .. Petitioners Vs.

1.THE DISTRICT COLLECTOR O/O.THE DISTRICT COLLECTORATE, 2.THE SUB-COLLECTOR(CUM) REVENUE DIVISIONAL OFFICER, OFFICE OF THE SUB-COLLECTOR OFFICE, MATUR, SALEM DISTRICT.

3. THE REVENUE TAHSILDER O/O.THE REVENUE TAHSILDAR, OMALUR TALUK, SALEM DISTRICT.

4. THE VILLAGE ADMINISTRATIVE OFFICER O/O.THE VILLAGE ADMINISTRATIVE OFFICE, KOTTAMETTUPATTI VILLAGE, OMALLUR TALUK, SALEM DISTRICT - 636 455.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent to consider the petitioners' representation dated 23.2.2024 within a time frame fixed by this Court.

For the Petitioners : Mr.S.Elaiyaraja For the Respondents : Mr.Karthik Jagannath Government Advocate

ORDER

(Order of the Court was made by R.MAHADEVAN,J.) The petitioners have filed this writ petition seeking issuance of a writ of mandamus directing the first respondent to consider the petitioners' representation dated 23.2.2024 within a time frame.

2. Since the authority already rejected the claim of the petitioners, they can only file a revision as per law, but cannot seek redressal of their grievance by submitting a representation.

3. In view of the above, learned counsel for the petitioners sought three weeks' time to file a revision before the Commissioner of Land Administration against the order dated 21.2.2024 passed by the first respondent, for which learned Government Advocate appearing on behalf of the respondents has no serious objection.

4. Therefore, the writ petition is disposed of with the following directions:

(i) The petitioners are granted three weeks' time to file a revision before the Commissioner of Land Administration against the order dated 21.2.2024 passed by the first respondent.

(ii)The Commissioner of Land Administration shall consider the revision purely on merits and in accordance with law, after providing an opportunity to the petitioners.

(iii)Status-quo as on date shall be maintained by the parties for a period of three weeks.

There shall be no order as to costs. W.M.P.No.5778 of 2024 filed to permit the petitioners to file a single writ petition is ordered, inasmuch the petitioners have paid separate sets of court-fee. (R.M.D., J.) (M.S.Q., J.) 28.02.2024 Index :

No No Note to Registry:

Issue order copy on 29.2.2024.

sasi To 1.THE DISTRICT COLLECTOR O/O.THE DISTRICT COLLECTORATE, 2.THE SUB-COLLECTOR(CUM) REVENUE DIVISIONAL OFFICER, OFFICE OF THE SUB-COLLECTOR OFFICE, MATUR, SALEM DISTRICT.

3. THE REVENUE TAHSILDER O/O.THE REVENUE TAHSILDAR, OMALUR TALUK, SALEM DISTRICT.

4. THE VILLAGE ADMINISTRATIVE OFFICER O/O.THE VILLAGE ADMINISTRATIVE OFFICE, KOTTAMETTUPATTI VILLAGE, OMALLUR TALUK, SALEM DISTRICT - 636 455.

R.MAHADEVAN,J.

AND

MOHAMMED SHAFFIQ,J.

(sasi) 28.02.2024