P.Murugan v. The District Collector
2024:MHC:2430
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P.No.18001 of 2021 in W.P.No.16989 of 2021 P.Murugan .. Petitioner Vs.
1. The District Collector Office of the District Collector Salem, Salem District.
2. The Tahsildar Office of the Tahsildar Omalur Taluk Salem District.
3. The Block Development Officer Omalur, Salem District.
4. The President Pachanampatti Village Panchayat Omalur Taluk, Salem District.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the respondents 1 to 4 to 1/8
not evict or demolish the petitioner's house at Grama Natham lands in S.No.228 in Pachanampatti Colony in Pachanampatti Village at Omalur Taluk, Salem District without following due process of law. For Petitioner :
Mr.Md.Arshadullah Sheriff representing Mr.Kamalesh Kannan For Respondents :
Mr.A.Selvendran Special Government Pleader for R1 to R3 *****
O R D E R
(Order of the Court was made by M.Sundar, J.) Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} pertains to 'land comprised in S.No.228 in Pachanampatti Colony in Pachanampatti Village at Omalur Taluk, Salem District' {hereinafter 'said land' for the sake of brevity}.
2. The case of the writ petitioner, who is represented by Mr.Md.Arshadullah Sheriff, learned counsel is that, said land is Grama Natham, writ petitioner has put up a dwelling house, writ petitioner has made an application for patta which is pending with R2 (Tahsildar, Omalur Taluk, Salem District) and that the writ petitioner is under imminent threat of dispossession.
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3. Writ petitioner has sent a 'representation dated 22.07.2021' {hereinafter 'said representation' for the sake of brevity} and a scanned reproduction of the same is as follows:
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4. As regards application for patta, the same is not before us.
5. Mr.A.Selvendran, learned State counsel submits that R2 is appropriate authority to consider the said representation and application for patta, if any.
6. Notwithstanding the prayer, Mr.Md.Arshadullah Sheriff, learned counsel abridged the same to say that a direction to R2 to dispose of the said representation will serve the purpose.
7. In the light of the narrative thus far, we make the following order:
(i) R2 [The Tahsildar, Office of the Tahsildar, Omalur Taluk, Salem District] is directed to consider the said representation (scanned and reproduced supra) on its own merits and in accordance with law and dispose of the same as expeditiously as the business of R2 would permit but in any event, within eight weeks from today i.e., 16.08.2024;
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(ii) We make it clear that we have not expressed any view or opinion on the merits of the matter and it is for R2 to consider the said representation on its own merits and in accordance with law;
(iii) If any application for patta is pending with R2, R2 shall consider and dispose of the same within the same (aforementioned) time frame (on its own merits and in accordance with law);
(iv) Dispossession of writ petitioner, if at all and if that be so will be kept in abeyance till the disposal of said representation / application for patta (if any and if pending as of today and not only application given after this day);
(v) If the disposal qua said representation and / or pending application for patta (if any) is adverse to writ petitioner, dispossession will be kept in abeyance for a fortnight from the date of service of order disposing of said representation of the writ petitioner;
(vi) Order made by R2 shall be served on the writ petitioner under due acknowledgment within seven 6/8
working days;
(vii) We make it clear that this order pertains to writ petitioner only though the said representation refers to 10 others as the others are not before this Court in captioned WP.
Captioned WP disposed of in the aforesaid manner. Consequently, captioned Writ Miscellaneous Petition thereat is closed. There shall be no order as to costs.
(M.S.J.) (K.G.T.J.) 21.06.2024 Index:Yes Speaking mk To
1. The District Collector Office of the District Collector Salem, Salem District..
2. The Tahsildar Office of the Tahsildar Omalur Taluk Salem District.
3. The Block Development Officer Omalur, Salem District.
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M.SUNDAR.J., and K.GOVINDARAJAN THILAKAVADI, J., mk 21.06.2024 8/8