C.Poosamany v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN and W.M.P. Nos.29475 and 29477 of 2023

1. C.Poosamany

2. C.Krishnamoorthy ... Petitioners Vs.

1. The District Collector Collectorate Erode - 638011 Erode District

2. The District Revenue Officer Erode - 638011 Erode District

3. The Revenue Divisional Officer Erode - 638011 Erode District

4. The Tahsildar Perundurai Taluk Erode District

5. The Superintendent of Police District Police Office Erode - 638001 Erode District

6. N.Palanisamy ... Respondents 1/6

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue writ of Mandamus directing the respondent 1 to take action against the 6th respondent and the revenue officials who are responsible for the manipulation of the records with a view to delete our names, on the basis of the application for patta transfer dated 08.08.2019, by considering the petitioner's representation dated 19.04.2023. For Petitioners : Mr.N.Manokaran For Respondents : Mr.R.P.Murugan Raja Government Advocate for R1 to R4 Mr.S.Sugendran Additional Public Prosecutor for R5

ORDER

This Writ Petition is filed seeking a writ of Mandamus directing the 1st respondent to take action against the 6th respondent and the revenue officials who are responsible for the manipulation of the records with a view to delete the petitioners names, on the basis of the application for patta transfer dated 08.08.2019, by considering the petitioner's representation dated 19.04.2023.

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2. Today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that it would suffice if a direction is issued to the 1st respondent to consider the representation of the petitioner.

3. Mr.R.P.Murugan Raja, learned Government Advocate who accepts notice for the respondents 1 to 4 submitted that the 1st respondent may be directed to consider the petitioner's representation dated 23.09.2022 and pass orders on merits in accordance with law.

4. Since the matter pertains to civil, there is no role for the police/5th respondent. Accordingly, the 5th respondent is exonerated. If the petitioner has any grievance relating to any criminal allegation, the petitioner shall work out his remedy in the manner known to law separately.

5. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the 1st respondent to consider the representation of the petitioner's dated 19.04.2023 and conduct enquiry after issuing notice to 3/6

petitioner as well as to the 6th respondent and all the interested parties/rival claims if any and pass orders on merits and in accordance with law and as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.

6. With the above directions, the writ petition is disposed of at the admission stage itself. Consequently connected Miscellaneous Petitions are closed. However, there shall be no order as to costs. 16.10.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6

To

1. The District Collector Collectorate Erode - 638011 Erode District

2. The District Revenue Officer Erode - 638011 Erode District

3. The Revenue Divisional Officer Erode - 638011 Erode District

4. The Tahsildar Perundurai Taluk Erode District

5. The Superintendent of Police District Police Office Erode - 638001 Erode District 5/6

P.VELMURUGAN. J.

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