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Madras High CourtWP/4397/2015disposed of

Narayanan, v. The District Collector,

2020-09-09Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.4397 of 2015 Narayanan ... Petitioner Vs.

1. The District Collector, District Collectorate Office, Salem District.

2. The Revenue Divisional Officer, Mettur Dam - 636 401, Salem District.

3. The Tahsildar, Mettur Dam, Salem District.

4. R.Ranganathan

5. R.Rajakumari

6. T.Mythili

7. R.Thangamani

8. P.Raja

9. Emarald Venkatachalam 10.Daicy Rani 11.T.Sampath ... Respondents Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus directing the 2nd respondent to consider the petitioner's representation dated 21.07.2014 and to cancel the patta in favour of the respondents 4 to 6 within a time frame.

For Petitioner : Mrs.Hema Sampath, Senior Counsel for Mr.S.Gunalan For Respondents: Ms.A.Madhumathi, Special Government Pleader (R1 to R3)

Ms.Prema Kumari, for M/s.Karan and Uday (R4 to R7) Mr.A.Sriram for Mr.R.N.Amarnath (R8 to R11)

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the 2nd respondent to consider the petitioner's representation dated 21.07.2014 and to cancel the patta issued in favour of the respondents 4 to 6 within a time frame.

2.Mrs.Hema Sampath, learned senior counsel appearing for the petitioner submitted that the 4th respondent had died during the pendency of the Writ Petition, leaving behind the respondents 5 to 7 as his surviving legal representatives.

3.The submission made by the learned senior counsel is recorded.

4.The learned senior counsel for the petitioner submitted that though the petitioner had preferred the representation challenging the issuance of the patta by the Tahsildar in favour of the respondents 4 to 6 as early as on 21.07.2014, the 2nd respondent has not disposed of the same yet.

5.Ms.A.Madhumathi, learned Special Government Pleader appearing for the respondents 1 to 3 submitted that the 2nd respondent may be directed to dispose of the representation dated 21.07.2014, on merits and in accordance with law, after giving notice to all the interested parties, within a period of eight weeks.

6.The learned counsel for the respondents 4 to 7 as well as respondents 8 to 11 also re-iterated the submission made by the learned Special Government Pleader appearing for the respondents 1 to 3.

7.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the Writ Petition, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the petitioner's representation dated 21.07.2014 and dispose of the same, on merits and in accordance with law, after giving notice to all the interested parties and also giving an opportunity of personal hearing to them, within a

period of eight weeks from the date of receipt of a copy of this order.

8.With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar va To 1.The District Collector, District Collectorate Office, Salem District.

2.The Revenue Divisional Officer, Mettur Dam - 636 401, Salem District.

3.The Tahsildar, Mettur Dam, Salem District.

+1 cc to M/s.s.Gurunalan,Advocate Sr.No. 29391 +1 cc to The Government Pleader, Sr.No. 29634 W.P.No.4397 of 2015 MG(CO) RMP(29/10/2020)