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Madras High CourtWP/29433/2023disposed of

Yasodha v. The Tahsildar

2023-11-07Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Yasodha ... Petitioner Vs.

1. The Tahsildar Mettur Dam

2. The Revenue Inspector Mettur Dam

3. The Village Administrative Officer Konur West Village Mettur Dam

4. Mrs.Rajammal

5. Mrs.Selvi

6. Mr.Umasankar

7. Mr.Prasathkannan

8. Mr.Easwaran

9. Mr.Sadasivam 10.Mr.Vijayan 11.Mr.Ashokan ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue writ of Mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 27.07.2023 by cancelling Patta No.1160 issued in favour of R.Seenivasan in respect of the land measuring an extent of 50 cents situate in Survey No.678/1, Konur Village West, Mettur Taluk, Salem District.

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For Petitioner : Mr.P.Valliappan, Senior Counsel for PV Law Associates For Respondents : Mr.P.Gurunathan Additional Government Pleader for R1 to R3 R4, R9 and R11-No Appearance R5 to R7-Unclaimed R8 and R10 - deceased

ORDER

This Writ Petition is filed for a writ of Mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 27.07.2023 by cancelling Patta No.1160 issued in favour of R.Seenivasan in respect of the land measuring an extent of 50 cents situate in Survey No.678/1, Konur Village West, Mettur Taluk, Salem District.

2. Though notice was taken to the respondents, only some of the respondents were served and some of the respondents have already died and that the writ petition cannot be filed against the dead persons. 2/5

3. However, since it is only a simply mandamus to direct the official respondents to consider the petitioner's representation, this Court taking into consideration of the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, directs the respondents 1 to 3 to consider the petitioner's representation dated 27.07.2023 and conduct enquiry and pass orders on merits and in accordance with law, after giving notice and giving opportunity of hearing to the petitioner, private respondents, legal heirs of the deceased respondents and all the interested parties/rival claimants if any, within a period of three months from the date of receipt of a copy of this order.

4. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

07.11.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The Tahsildar Mettur Dam

2. The Revenue Inspector Mettur Dam

3. The Village Administrative Officer Konur West Village Mettur Dam 4/5

P.VELMURUGAN. J.

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