M.Sarangapani, v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.7.2015

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.23539 of 2012 M.Sarangapani .. Petitioner vs.

1. The Principal Secretary to Government Department of Revenue Government of Tamil Nadu Fort St. George, Chennai - 600 009

2. The Inspector General of Registration Mandaveli, Chennai - 600 028

3. The District Collector Villupuram District Villupuram 606 001

4. Mr.Ramalingam s/o.Kedilan Melur Village Kallakurichi Taluk Villupuram District - 606 201

5. The Revenue Divisional Officer Kallakurichi Taluk Villupuram District (R5 was impleaded suo motu as per order dated 27.7.2015 by MJJ in W.P.No.23539 of 2012) .. Respondents This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to dispose the representation of the petitioner dated 10.4.2012.

For petitioner : Mr.M.Palanimuthu For respondents : Mr.R.Ravichandran AGP for R1 to R3 Mr.A.G.Rajan Ms.V.Vanitha for R4

O R D E R

At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner had submitted that in spite of the fact that the District Collector, the third respondent herein, had forwarded the representation submitted by the petitioner, dated 10.4.2012, to the Revenue Divisional Officer, on 16.4.2012, the said authority had not disposed of the same, till date. The learned counsel appearing on behalf of the petitioner had further submitted that it would suffice, if a direction is issued to the fifth respondent to pass orders on the representation of the petitioner, dated 10.4.2012, on merits and in accordance with law, expeditiously. The learned counsels appearing on behalf of the respondents have no objection for this court passing such an order.

2. In such circumstances, this Court finds it appropriate to direct the fifth respondent to consider the representation of the petitioner, dated 10.4.2012, if it is otherwise in order, and dispose of the same, as expeditiously as possible. However, if it is found that the relief prayed for by the petitioner, in his representation, involves disputed issues, relating to the civil dispute, which has to be decided by the civil forum, it would be open to the fifth respondent to dispose of the representation stating that it would be open to the parties to settle their disputes before the appropriate civil forum or authority, in the manner known to law. The petitioner shall furnish a copy of the representation, dated 10.4.2012, to the fifth respondent, along with a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the matter. The Writ Petition is disposed of, with the above directions. No costs.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar lan To:

1. The Principal Secretary to Government Department of Revenue Government of Tamil Nadu Fort St. George, Chennai - 600 009

2. The Inspector General of Registration Mandaveli, Chennai - 600 028

3. The District Collector Villupuram District Villupuram 606 001

4. The Revenue Divisional Officer, Kallakurichi Taluk, Villupuram District.

+1 cc to Mr.A.G.Rajan, Advocate, sr.38290 +1 cc to Government Pleader, sr.38407 Writ Petition No.23539 of 2012 sv(co) kra(25/08) 27.7.2015