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Madras High CourtWP/23150/2016disposed of

K.Maheswaran v. The District Collector

2016-07-05Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.23150/2016 & WMP.No.19844/2016 K.Maheswaran .. Petitioner

Versus

1.The District Collector Tiruppur, Tiruppur District.

2.The Revenue Divisional Officer Udumalpet, Tiruppur District.

3.The Tahsildar Madathukulam Taluk Tiruppur, Tiruppur District.

4.The Divisional Engineer Public Welfare Department cum Water Resources Organisation, Amaravathi Basin, ARP Office Dharapuram, Tiruppur District.

5.The Assistant Engineer Public Welfare Department cum Water Resources Organisation, Amaravathi Basin, ARP Office Dharapuram, Tiruppur District.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus forbearing the respondents from interfering the petitioner peaceful possession of agricultural land comprised in S.No.69/5.70/1 situated at North Shankaramanallur, Udumulpet Taluk, Tiruppur District.

For Petitioner : Mr.K.Myilsamy For RR1 to 5 : Mr.V.S.Ramesh, GA

ORDER

By consent, the writ petition is taken up for final disposal.

The grievance expressed by the petitioner is that though he along with one Kanagaraj, are the joint owners of the land admeasuring to an extent of 3 acres comprised in S.Nos.69/5, 70/1, situated in North Shankaramanallur, Madathukulam Taluk, Tiruppur District, by virtue of a registered Sale Deed bearing Document No.248/2008 dated 04.02.2008, registered on the file of the Sub Registrar, Kaniyur. The respondents started interfering with his possession and enjoyment of the petitioner and in this regard, the petitioner has submitted a representation dated 15.06.2016 and since no orders have been passed, the petitioner came forward to file the present writ petition.

Heard the submissions of the learned counsel for the petitioner and Mr.V.S.Ramesh, learned Government Advocate who accepts notice on behalf of the respondents.

Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the 5th respondent to consider and dispose of the petitioner's application/representation dated 15.06.2016 on merits and in accordance with law, after putting on notice, the alleged joint owner, viz., Kanagaraj, and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the said Kanagaraj.

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

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

To 1.The District Collector, Tiruppur, Tiruppur District.

2.The Revenue Divisional Officer Udumalpet, Tiruppur District.

3.The Tahsildar, Madathukulam Taluk Tiruppur, Tiruppur District.

4.The Divisional Engineer Public Welfare Department cum Water Resources Organisation, Amaravathi Basin, ARP Office Dharapuram, Tiruppur District.

5.The Assistant Engineer Public Welfare Department cum Water Resources Organisation, Amaravathi Basin, ARP Office Dharapuram, Tiruppur District.

+1cc to Mr.K.Myilsamy, Advocate Sr.37873 +1cc to the Government Pleader Sr.37999 W.P.No.23150/2016 gj[co] srg 26/07/2016