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Madras High CourtWP/10281/2021disposed of

K.Velusami v. The District Collector

2022-06-16Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2022

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI WP.No.10281 of 2021 and W.M.P.Nos.10873 & 10874 of 2021

1. K.Velusami

2. V.Vijayalakshmi

3. G.V.Saranya ... Petitioners Vs 1.The District Collector, Office of the District Collector, Cimbatore, Coimbatore.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Coimatore, Coimbatore district.

3. The Tahsildar, Coimbatore North Taluk, Coimbatore, Coimbatore District.

4. R.Maruthachalam

5. R.Visalakshmi ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 3rd respondent to consider and pass orders on the petitioners representation dated 12.03.2021 submitted for to permit the petitioners to put forth their objections in issuing patta to and in favour of the respondents 4 & 5 to the petitioners land in T.S.No.40/2 of Ganapathi Village, Coimbatore. For Petitioners : Mr.V.R.Appaswamee For Respondents : Mr.P.Sathish, AGP RR1 to 3 Mr.R.Jayaprakash R4

ORDER

This writ petition is filed seeking direction to the 3rd respondent to consider and pass orders on the petitioners representation dated 12.03.2021 .

2. The case of the petitioner is that the petitioner purchased a property in S.No.352/part to an extent of 80 cents of Ganapathi Village, Coimbatore Taluk, from one P.Kandasami. However, the respondents issued pata in favour of the respondents 4 & 5. Hence, the petitioner made a representation on 12.03.2021 to the respondents 1 to 3 to conduct detailed enquiry and give opportunity to the petitioners to put forth their objections for issuance of patta in favour of the private respondents with regard to the subject property. Till date, the said representation was not considered by the respondents and hence, the present writ petition has been filed before this Court seeking appropriate remedy.

3. The learned counsel for the petitioner submitted that this court may issue suitable direction to the respondents to consider the petitioner's representation dated 12.03.2021 within the stipulated period as fixed by this Court.

4. The learned counsel for the 4th respondent submitted that during pendency of this petition, the 4th respondent passed away.

5. Heard, the learned counsel for the petitioner as well as the learned counsel appearing for the Government and the 4th respondent and perused the materials available on record.

6. Considering the facts and circumstances of the case and considering the limited relief sought for by the petitioner, this Court, without going into the merits of the case, directs the 3rd respondent to consider the petitioner's representation dated 12.03.2021 and pass orders on merits and in accordance with law, after affording opportunity to the petitioner as well as the legal heirs of the 4th respondent and also the 5th respondent, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the aforesaid direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

rli To 1.The District Collector, Office of the District Collector, Cimbatore, Coimbatore.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Coimatore, Coimbatore district.

3.The Tahsildar, Coimbatore North Taluk, Coimbatore, Coimbatore District.

+1cc to Mr.R.Jayaprakash, Advocate, S.R.No.36733 WP.No.10281 of 2021 and W.M.P.Nos.10873 & 10874 of 2021 MG(CO) CT/07/07/2022