M.Marimuthu, Ex.Army v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.02.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P. No.19013 of 2014 M.Marimuthu .. Petitioner Vs.

1.The District Collector Thiruvannamalai District Thiruvannamalai 606 604.

2.The District Revenue Officer Thiruvannamalai District Thiruvannamalai 606 604.

3.The Revenue Divisional Officer Thiruvannamalai District Thiruvannamalai 606 601.

4.The Tahsildar Taluk Office, Polur Thiruvannamalai District 606 803.

5.Raja Guru 6.Rajendran 7.Kumar .. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue Writ of mandamus, to direct the 1st and 2nd respondents herein to dispose of representation of the petitioner dated 31.12.2013, within time frame.

For Petitioner : Mr.A.Edwin Prabakar For Respondents : Mr.R.Vijayakumar - R1 to R4 Addl.Govt. Pleader No appearance - R5 to R7

O R D E R

By consent of the learned counsels on either side, the writ petition is taken up for final disposal.

2.Heard Mr.A.Edwin Prabakar, learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader appearing for the respondents 1 to 4. Though notice has been served on the respondents 5 to 7, and their names are printed in the cause list, none appeared before this Court.

3.The petitioner has come forward with this Writ Petition for issuance of a writ of mandamus to direct the 1st and 2nd respondents to dispose of his representation dated 31.12.2013. 4.The petitioner has already approached this Court by filing W.P.No.16588 of 2014, and in the said writ petition, the petitioner did not implead the private respondents who are likely to be affected if the petitioner's representation is considered, as the matter relates to grant of patta. Therefore, this Court dismissed the said Writ Petition, granting liberty to the petitioner to either approach the Civil Court or to add Mr.Ramasamy Gounder as one of the party in that Writ Petition.

5.It appears that the said Ramasamy Gounder is no more and therefore the respondents 5 to 7 who are the legal heirs of Ramasamy Gounder are added as contesting respondents in the present writ petition. The representation given by the petitioner was forwarded by the District Collector to the Revenue Divisional Officer vide proceedings dated 22.01.2014, directing necessary action to be taken and the matter is now pending before the third respondent. 6.In the light of the above, without going into the merits of the matter, there will be a direction to the third respondent to consider the matter, issue notice to the petitioner and to respondents 5 to7 and pass appropriate orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

The Writ Petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (J ) /true copy/ Sub Asst. Registrar rpa

To 1.The District Collector Thiruvannamalai District Thiruvannamalai 606 604.

2.The District Revenue Officer Thiruvannamalai District Thiruvannamalai 606 604.

3.The Revenue Divisional Officer Thiruvannamalai District Thiruvannamalai 606 601.

4.The Tahsildar Taluk Office, Polur Thiruvannamalai District 606 803.

1 cc to Mr.A. Edwin Prabakar, advocate, Sr. 10157 W.P. No.19013 of 2014 MSM (CO) kk 12/3