T.Periyasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.9600 of 2020 and W.M.P.No.11733 of 2020 T.Periyasamy ... Petitioner Vs.

1.The District Collector, Erode District, Erode 638 011.

2.The Revenue Divisional Officer, Gopichettypalayam, Erode District, Erode 638 452.

3.The Tahsildar, Anthiyur Taluk, Erode District, Erode 638 501.

4.P.Shanmugam ... Respondents.

PRAYER: Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus directing the Respondents 1 & 2 to consider the representation dated 10.06.2020 of the petitioner and pass appropriate orders in accordance with law, within a time frame to be stipulated by this Court and pass orders.

For Petitioner : Mr.W.M.Abdul Majeed For Respondents :Mr.E.Balamurugan Special Government Pleader for R1 to R3

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the first respondent to consider the representation made by the petitioner on 10.06.2020 and to effect the necessary mutation in the Revenue Records.

2.The case of the petitioner is that he is in possession of enjoyment of the property and he was seeking for patta. At that point of time, the name of one Subramaniyam was registered in the Revenue Records. According to the petitioner, the mutation in the Revenue Records was done with bogus documents. The further case of the petitioner is that now the fourth respondent who is claiming through Subramaniyam is also making a claim for the patta. The petitioner has therefore made a representation on 05.02.2020 and thereafter followed it up with another representation dated 10.06.2020. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate direction.

3.Heard Mr.W.M.Abdul Majeed, learned counsel appearing for the petitioner and Mr.E.Balamurugan, learned Special Government Pleader appearing for the respondents 1 to 3. 4.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the second respondent to consider the representation made by the petitioner on 05.02.2020 and 10.06.2020 and deal with the same strictly in accordance with law. The second respondent before the enquiry, shall issue notice to the fourth respondent and all other interested parties. The enquiry shall be completed and the final order will be passed within 12 weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the second respondent along with a copy of the representation dated 05.02.2020 and 10.06.2020 and also a copy of this order.

5.This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

To 1.The District Collector, Erode District, Erode 638 011.

2.The Revenue Divisional Officer, Gopichettypalayam, Erode District, Erode 638 452.

3.The Tahsildar, Anthiyur Taluk, Erode District, Erode 638 501.

+1cc to the Government Pleader, Sr.25396 +1cc to Mr.W.M.Abdul Majeed, Advocate Sr.25157 W.P.No.9600 of 2020 and W.M.P.No.11733 of 2020 br[co] srg 07/08/2020