M.Matheeswaran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.04.2021
CORAM
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.NO.9530 OF 2021 M.Matheeswaran S/o.M.K.Mudhachalam ... Petitioner .Vs.
1. The District Collector, Coimbatore District, Office of the Coimbatore District Collectorate, Coimbatore- 641 018.
2. The Revenue Divisional Officer, Coimbatore North, Office of the Revenue Divisional Officer, Coimbatore North, Coimbatore District.
3. The Tahsildar, Coimbatore North, Office of the Coimbatore Tahsildar North, Coimbatore.
4. The Revenue Inspector, Anuparpalayam Division, Coimbatore North, Coimbatore.
5. The Village Administrative Officer, No.17, Anuparpalayam Village, Coimbatore North Division, Coimbatore.
6. The President Chiruthuli Welfare Organization, No.34, Bharathi Pari, 2nd Cross street, Sai Baba Colony, Coimbatore - 11.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to complete the enquiry in the proceedings No.2582/18/A2 dated 19.07.2019 on the petitioner's application
dated 07.09.2017 and grant patta to the petitioner for S.Nos.129/1, 2, 4 and S.No.123/1B total extent of 1 Acre and 37 cents in ward No.41, Block No.3, Anuparpalayam village, coming under Coimbatore North Division, Coimbatore District. For petitioner ... Mr.S.Venkatesh For respondents ... Mr.S.N.Parthasarathi Government Advocate For R1 to R5
ORDER
This writ petition has been filed seeking a direction to the 2nd respondent to complete the enquiry in the proceedings No.2582/18/A2 dated 19.07.2019 on the petitioner's application dated 07.09.2017 and grant patta to the petitioner for S.Nos.129/1, 2, 4 and S.No.123/1B total extent of 1 Acre and 37 cents in ward No.41, Block No.3, Anuparpalayam village, coming under Coimbatore North Division, Coimbatore District.
2. The grievance of the petitioner is that he is the son of freedom fighter. He has made a representation to the third respondent on 07.09.2017 for issuance of the patta, the 3rd respondent in turn, directed the respondents 4 and 5 to conduct inspections and submit a report. Thereafter, a consolidated report was submitted for granting patta in the name of the petitioner to the 2nd respondent. Pursuant to which, the 2nd respondent, Revenue Divisional Officer, conducted enquiry on 01.08.2019. Thereafter, no order has been passed till date. Hence, the present writ petition has been filed.
3. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate, who takes notice for the respondents 1 to 5.
4. In view of the nature of the order that is going to be passed in the writ petition, which no way would prejudice the interest of the sixth respondent, notice to the 6th respondent is dispensed with.
5. Considering the facts and circumstances of the case and the limited prayer sought for in the writ petition, and also the petitioner's representation is pending with the second respondent, without going into the merits of the case, the second respondent is directed to consider the petitioner's representation dated 07.09.2017 and pass suitable orders on merits and in accordance with law after giving opportunity to the petitioner as well as the 6th respondent, within a period of
eight (8) weeks from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mrp To 1.
The District Collector, Coimbatore District, Office of the Coimbatore District Collectorate, Coimbatore - 641 018.
2.
The Revenue Divisional Officer, Coimbatore North, Office of the Revenue Divisional Officer, Coimbatore North, Coimbatore District.
3.
The Tahsildar, Coimbatore North, Office of the Coimbatore Tahsildar North, Coimbatore.
4.
The Revenue Inspector, Anuparpalayam Division, Coimbatore North, Coimbatore.
5.
The Village Administrative Officer, No.17, Anuparpalayam Village, Coimbatore North Division, Coimbatore.
+1cc to Mr.S.Venkatesh, Advocate, S.R.No.23609 +1cc to the Government Pleader, S.R.No.24307 W.P.NO.9530 OF 2021 EV(CO) PBS/07/09/2021