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Madras High CourtWP/27429/2017disposed of

Thangarasu v. The District Collector

2021-11-01Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P. NO.27429 OF 2017 Thangarasu ... Petitioner -Vs1. The District Collector, Perambalur District.

2. The Revenue Divisional Officer, Perambalur District.

3. The Tahsildar (Land Acquisition) Revenue Divisional Officer.

4. Perumal

5. Krishnan

6. Muthusamy

7. Arunachalam ... 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 first respondent to cancel the patta in S.No.136/2 to an extent of 0.14.5 acres and survey No.196/9 to an extent of 0.79.5 acres in Elambalur Village, by considering the petitioner's representation dated 04.04.2017, within the time limit fixed by this Court.

For Petitioner : Mr.R.Gokula Krishnan For Respondents For R1 to R3 : Mr.M.R.Gokul Krishnan Government Advocate For R6 : Mr.E.K.Kumaresan

ORDER

The Writ Petition has been filed to direct the first respondent to cancel the patta in S.No.136/2 to an extent of

0.14.5 acres and survey No.196/9 to an extent of 0.79.5 acres in Elambalur Village, by considering the petitioner's representation dated 04.04.2017, within the time limit. 2.

The learned counsel appearing for the sixth respondent would submit that in respect of the very same subject property in this Writ Petition, the petitioner already filed suit in O.S.No.31 of 2011 and the same is pending before the District Munsif Court, Perambalur.

3.

The learned counsel appearing for the petitioner submitted that the pendency of the civil suit is not an impediment for the first respondent to consider the petitioner's representation.

4.

Heard Mr.R.Gokula Krishnan, learned counsel appearing for the petitioner, Mr.M.R.Gokul Krishnan, learned Government Advocate appearing for the respondents 1 to 3 and Mr.E.K.Kumaresan, learned Counsel appearing for the sixth respondent.

5.

Considering the facts and circumstances, the petitioner is directed to submit a fresh application before the second respondent within a period of two weeks from the date of receipt of a copy of this Order. On receipt of the same, the second respondent is directed to issue notice to the respondents 4 to 7, and after giving opportunity of hearing to both the parties, pass orders on merits and in accordance with law, within a period of twelve weeks thereafter.

6.

With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rts To

1. The District Collector, Perambalur District.

2. The Revenue Divisional Officer, Perambalur District.

3. The Tahsildar (Land Acquisition) Revenue Divisional Officer.

+1cc to Mr.E.K.Kumaresan, Advocate, S.R.No.56947 +1cc to the Government Pleader, S.R.No.57649 W.P.No.27429 of 2017 CP(CO) PM/26/11/2021