P.K.Mylsamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.10.2023
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN P.K.Mylsamy S/o.P.M.Kandasamy ... Petitioner versus 1.
The District Collector Coimbatore District Coimbatore.
2.
The Sub-Collector Pollachi Taluk Coimbatore District.
3.
The Tahsildar Pollachi Taluk Coimbatore District.
...Respondents
Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct 3rd respondent to comply the order passed by the 2nd respondent in Oo.Mu.No.1366/2021/A3 dated 28.07.2021 based on the representation dated 07.07.2021 sent by the petitioner within a stipulated time fixed by this Hon'ble Court.
For Petitioner :
Mr.C.Veera Raghavan Pg.Nos.1/5
For Respondents :
Mr.R.P.Murugan Raja Government Advocate
O R D E R
The petitioner has filed the present writ petition seeking for a Mandamus to direct the third respondent to comply the order passed by the second respondent dated 28.07.2021 bearing reference Oo.Mu.No.1366/2021/A3 based on the representation dated 07.07.2021 sent by the petitioner.
2. According to the writ petitioner, he gave a representation to the second respondent on 07.07.2021 seeking to include the omitted property to an extent of 36 sq.ft in Survey No.763/2A in the UDR based on the sale deed dated 29.08.1981 vide document No.2782 of 1981. Based on the writ petitioner's representation, the second respondent initiated proceedings dated 28.07.2021 bearing reference Oo.Mu.No.1366/2021/A3 and directed the third respondent to take appropriate action, but there was no response. Hence, the present writ petition has been presented in this Court on 29.09.2023.
Pg.Nos.2/5
3. The learned counsel for the writ petitioner submits that even though the second respondent has given direction to third respondent to consider the writ petitioner's representation dated 07.07.2021, till date, the third respondent has not passed any order on the same.
4. The learned Government Advocate fairly submits that despite the second respondent given a direction to third respondent to pass orders on the writ petitioner's representation dated 07.07.2021, till date, the third respondent has not passed any order on the same. Now the learned Government Advocate submits that the writ petitioner may be directed to give a fresh representation to the second respondent and the same may be disposed of as expeditiously as possible by the third respondent.
5. Heard the learned counsel for the petitioner and learned Government Advocate for the respondents and perused the case file.
6. Therefore, without expressing any view on the merits of the matter, Pg.Nos.3/5
this Writ Petition is disposed of, by granting liberty to the writ petitioner to make a fresh representation to the third respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the third respondent shall consider the same and pass appropriate orders on merits and in accordance with law within a period of two months thereafter.
7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
06.10.2023 Speaking/Non-speaking order Index:Yes/No mk To 1.
The District Collector Coimbatore District Coimbatore.
2.
The Sub-Collector Pollachi Taluk Coimbatore District.
3.
The Tahsildar Pollachi Taluk Coimbatore District.
Pg.Nos.4/5
P.VELMURUGAN, J.
mk 06.10.2023 Pg.Nos.5/5