R.Hariharasudhan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.177 of 2018 R.Hariharasudhan ...

Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tenkasi, Tirunelveli District.

3.The Tahsildar, Alangulam Taluk, Tirunelveli District.

4.S.Madasamy ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 3rd respondent not to issue patta in favour of the 4th respondent herein on the basis of the petitioners representation dated 26.12.2017.

For Petitioner : Mr.M.Sankar For Respondents 1-3 :Mr.M.Rajarajan, Government Advocate.

ORDER

This writ petition has been filed seeking direction to the third respondent not to issue patta in favour of the fourth respondent on the basis of the petitioner's representation dated 26.12.2017.

2.Heard Mr.M.Sankar, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Government Advocate appearing for the respondents 1 to 3. Notice to the fourth respondent is dispensed with in view of the nature of the order to be passed by this Court.

3.According to the petitioner, the second respondent has forwarded a notice dated 20.09.2017 to the petitioner for attending an enquiry stating that the fourth respondent has applied for change of patta for the property in S.No.423/2B to an extent of 0.18 cents in Kavalakuruchi Village, Alangukulam Taluk, Tirunelveli District which is standing in the name of the petitioner's daughter. Therefore, the petitioner has raised objections before the second respondent by way of a detailed https://hcservices.ecourts.gov.in/hcservices/

counter. Thereafter, the petitioner has also submitted a representation dated 26.12.2017 in this regard. Since no order has been passed, the present writ petition has been filed. 4.Considering the facts and circumstances of the case, this Court, without going into the merits of the case, directs the second respondent to consider the representation of the petitioner dated 26.12.2017 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner as well as to the fourth respondent. 5.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tenkasi, Tirunelveli District.

3.The Tahsildar, Alangulam Taluk, Tirunelveli District.

+1cc to M/S.Special Government Pleader,SR. 40833 Writ Petition (MD) No.177 of 2018 05.01.2018 SMS KK/SV MMS/SAR3/22.01.2018/ 2P- 5C/ https://hcservices.ecourts.gov.in/hcservices/