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Madras High CourtWP/12469/2014disposed of

P.Kalianna Gounder v. The District Collector,

2020-08-14Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.08.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.12469 of 2014 and M.P.No.1 of 2014 1.P.Kalianna Gounder 2.K.Krishnamurthy 3.R.Sekar ... Petitioners Vs.

1. The District Collector, Namakkal District, Namakkal.

2. The Revenue Divisional Officer, Namakkal District, Namakkal.

3. The Tahsildar, Rasipuram Taluk, Rasipuram, Namakkal District.

4. The District Revenue Officer, Namakkal District, Namakkal.

... Respondents (R4 impleaded vide order dated 14.08.2020 made in M.P.No.2 of 2014) Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus to consider the representation of the petitioner dated 28.01.2014 and thereby include the name of the petitioners in the Patta No.415 in respect of the property in Survey No.229/4 measuring about Ac.0.28 cents of lands in Akkaraipatti Village, Rasipuram Taluk, Namakkal District as found in the earlier revenue records viz., Patta Pass Book and "A" Register.

For Petitioners : Mr.K.A.Mariappan For Respondents : Ms.A.Madhumathi, Special Government Pleader

O R D E R

The petitioners have filed the above Writ Petition to issue a Writ of mandamus directing the respondents to consider their representation dated 28.01.2014 hereby to include the name of the petitioners in the patta in respect of the property in Survey No.229/4 to an extent of 0.28 acres of lands in Akkaraipatti Village, Rasipuram Taluk, Namakkal District as found in the earlier revenue records viz., Patta Pass Book and "A" Register.

2.Mr.K.A.Mariappan, learned counsel appearing for the petitioners submitted that since the petitioners have not given any representation to the 4th respondent, who is the Competent Authority to grant the claim made by the petitioners, liberty may be given to the petitioners to give fresh representation to the 4th respondent and on receipt of the same, the 4th respondent may be directed to pass orders in accordance with law within a time frame.

3.Ms.A.Madhumathi, learned Special Government Pleader appearing for the respondents submitted that such liberty can be given to the petitioners and the 4th respondent may be directed to consider the petitioners representation in accordance with law within a time frame.

4.Having regard to the submissions made by the learned counsel on either side, I give liberty to the petitioners to give a fresh representation to the 4th respondent within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the 4th respondent is directed to consider and pass orders, on merits and in accordance with law, after giving notice to all the interested parties, within a period of twelve weeks thereafter.

5.With these observations, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

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

To

1. The District Collector, Namakkal District, Namakkal.

2. The Revenue Divisional Officer, Namakkal District, Namakkal.

3. The Tahsildar, Rasipuram Taluk, Rasipuram, Namakkal District.

4. The District Revenue Officer, Namakkal District, Namakkal.

+1cc to Mr.K.A.Mariappan, Advocate in SR.26746 +1cc to The Government Pleader in SR.26849 W.P.No.12469 of 2014 and M.P.No.1 of 2014 (2/2) MG(CO) RV(18/09/2020)