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Madras High CourtWP/14428/2020disposed of

Radhakrishnan v. The District Collector

2020-10-13Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH WP.No.14428 of 2020 Radhakrishnan ... Petitioner Vs.

1. The District Collector, Salem.

2. The Revenue Divisional Officer, Salem.

3. The Tahsildar, Salem.

4. The Secretary, The Shevapet Sri Anglaamman Koil Charities Trust, Shevapet, Salem .. Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus directing the 2nd respondent to conduct enquiry on the representation of the petitioner herein dated 11.10.2019 and dispose of the same within an reasonable time.

For Petitioner : Mr. R. Nalliyappan For Respondents: Mr. Parameswaran, Govt. Advocate R1 to R3

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the 2nd respondent to consider the representation made by the petitioner on 11.10.2019 and to pass orders within the time fixed by this Court.

2. The case of the petitioner is that the subject property originally belonged to the father of the petitioner and some portions of the property have been sold and the remaining property is in possession and enjoyment of the petitioner and the other legal heirs. The grievance of the petitioner is that the 3rd respondent namely, the Tahsildar, without issuing any https://hcservices.ecourts.gov.in/hcservices/

notice and conducting any enquiry, has mentioned the name of the 4th respondent in the revenue records. The petitioner and the other legal heirs made representations to the respondents to remove the entry. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.

3. Heard Mr.R.Nalliappan, learned counsel appearing for the petitioner and Mr.Parameswaran, learned Govt. Advocate appearing for the respondents 1 to 3.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the 2nd respondent to consider the representation made by the petitioner on 11.10.2019 and deal with the same strictly in accordance with law and pass final orders within the period of eight weeks from the date of receipt of a copy of this order. The 2nd respondent shall issue notice to the 4th respondent and afford them opportunity while conducting the enquiry and thereafter pass final orders. The petitioner is directed to make a fresh representation to the 2nd respondent along with a copy of the representation dated 11.10.2019 and all the relevant documents and also a copy of this order.

4. This Writ Petition is disposed of with the above directions. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar msr To

1. The District Collector, Salem.

2.The Revenue Divisional Officer, Salem.

3. The Tahsildar, Salem.

WP.No.14428 of 2020 AJS(CO) SP(11/11/2020) https://hcservices.ecourts.gov.in/hcservices/