T.N.Purushothaman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.25131 of 2021 T.N.Purushothaman ... Petitioner Vs

1. The District Collector, Nilgiris District, Uthagamandalam.

2. The Tahsildar, Kothagiri Taluk, Kothagiri.

Nilgiris District.

... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the second respondent to consider the petitioner's application dated 23.10.2018 to sub divide the petitioner's land of an extent of 0.04 acres i.e., 4 cents of land comprised in S.No.134/7B, Jagathala Village, Kothagiri Taluk, Nilgiris District.

For Petitioner : Mr.R.Gunaalan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader.

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the second respondent to consider the petitioner's application dated 23.10.2018 to sub divide the petitioner's land comprised in S.No.134/7B, to an extent of 0.04 acres i.e., 4 cents situated at Jagathala Village, Kothagiri Taluk, Nilgiris District.

2. Heard, Mr.R.Gunaalan, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents.

3. The case of the petitioner is that the petitioner has already filed a writ petition before this Court in W.P.No.10575 of 2019 and this Court directed the second respondent to https://hcservices.ecourts.gov.in/hcservices/

consider the representation of the petitioner and pass orders on merits and in accordance with law. Even today, the said representation is not considered by the second respondent and as such, the petitioner filed the present writ petition once again.

4. Considering the above, the petitioner is directed to make a fresh application before the second 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 second respondent is directed to dispose of the same, after issuance of notice to the petitioner and the counter parties, if any, after giving them an opportunity of hearing and pass orders on merits and in accordance with law, within a period of twelve weeks. 5.

With the above direction, the writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Lpp To

1. The District Collector, Nilgiris District, Uthagamandalam.

2. The Tahsildar, Kothagiri Taluk, Kothagiri.

Nilgiris District.

+1cc to Mr.R.Gunaalan, Advocate, S.R.No.60925 +1cc to the Government Pleader, S.R.No.61507 W.P.No.25131 of 2021 CP(CO) CT 05/01/2022 https://hcservices.ecourts.gov.in/hcservices/