D.Gunasekaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.28841 of 2024 D.Gunasekaran

...Petitioner

Vs.

1.The District Collector The District Collector Office Coimbatore.

2.The Tahsildar Taluk Office Perur, Coimbatore.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to pursue the communication issued by vide order OLU.MU.No.E2039563/2024/Aa1 dated 05.07.2024 by the first respondent and to dispose the same in time bound manner known to law.

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For Petitioner : Mr.V.S.Usharani For Respondents : Mr.P.Sathish for R1 & R2 Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the second respondent to act in accordance with the communication issued by the first respondent vide OLU.Mu.No.E2039563/2024/Aa1 dated 05.07.2024.

2. It is the case of the petitioner that he is the defacto trustee of the temple called as Arulmighu Mariamman Thirukovil, Thennmanallur Village, Perur Taluk, Coimbatore District. The above said temple is situated in S.No.672/1 with an extent of 63 cents. It is further stated that in the revenue records, the said land is classified as Sarkar Poromboke. However, in Column No.13 there is a remark about the existence of the temple in the said survey number. The petitioner submitted a representation on 29.02.2024 seeking 2/5

issuance of patta in the name of the temple, the same has not been considered till date. Therefore, the petitioner has approached the first respondent by way of representation and the first respondent by his communication dated 05.07.2024 forwarded the copy of the representation to the second respondent to take appropriate action on the representation. However, the second respondent has not considered the representation of the petitioner. Therefore, the petitioner is before this Court.

3. Mr.P.Sathish, learned Additional Government Pleader, who takes notice for the respondents 1 & 2 would submit that the representation of the petitioner will be considered, on its own merits, within a time frame fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the second respondent to consider the representation of the petitioner dated 29.02.2024 and pass final orders, on its own merits, within a period of six weeks from the date of receipt of copy of this order.

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5. With the above direction, this Writ Petition is disposed of. No costs.

27.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna To 1.The District Collector The District Collector Office Coimbatore.

2.The Tahsildar Taluk Office Perur, Coimbatore.

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S.SOUNTHAR , J.

dna W.P No.28841 of 2024 27.09.2024 5/5