Thangaraj v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.[MD]No.4259 of 2022 Thangaraj ... Petitioner /Vs./ 1.The District Collector, Thanjavur District, Thanjavur.
2.The District Revenue Officer, Thanjavur District, Thanjavur.
3.The Revenue Divisional Officer, Peravoorani, Thanjavur District.
4.The Tahsildar, Peravoorani Taluk, Thanjavur District.
5.The Executive Engineer, Public Works Department, Thanjavur.
... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 10.03.2022 and not to interfere in his peaceful enjoyment of the land in Survey No.77, to the extent of 2.50 acres situated at Kuruvikarambai Village, Peravoorani Taluk, Thanjavur District.
For Petitioner : Mr.M.Ramu For Respondents : Mr.M.Lingadurai Special Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondents to consider the petitioner's representation dated 10.03.2022 requesting the respondents not to interfere in the petitioner's peaceful possession and enjoyment of the land comprised in Survey No.77 measuring to the extent of 2.50 acres situated at Kuruvikarambai Village, Peravoorani Taluk, Thanjavur District, and pass orders within a time frame to be fixed by this Court.
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2.According to the petitioner, his peaceful possession and enjoyment of the aforementioned property has been disturbed by the fifth respondent.
In such circumstances, he has given a representation referred to supra.
3.Heard Mr.M.Ramu, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents.
4.No prejudice would be caused to the respondents, if the representation of the petitioner dated 10.03.2022 is considered on merits and in accordance with law, after affording a fair hearing to the petitioner, the fifth respondent as well as any other necessary party, whom the respondents deem fit to enquire. 5.Accordingly, this Court directs the fourth respondent to consider the petitioner's representation dated 10.03.2022 requesting the fifth respondent not to interfere in his peaceful possession and enjoyment of the land comprised in Survey No.77 measuring to the extent of 2.
50 acres situated at Kuruvikarambai Village, Peravoorani Taluk, Thanjavur District, and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner including granting him the right of personal hearing, the fifth respondent as well as any other necessary party, whom the fourth respondent deems fit to enquire, within a period of three [3] months from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To:
1.The District Collector, Thanjavur District, Thanjavur.
2.The District Revenue Officer, Thanjavur District, Thanjavur.
3.The Revenue Divisional Officer, Peravoorani, Thanjavur District.
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4.The Tahsildar, Peravoorani Taluk, Thanjavur District.
5.The Executive Engineer, Public Works Department, Thanjavur.
+1 CC to M/s.SPL GP ( SR-14532[F] dated 25/03/2022 ) 24.03.2022 MGJ(04.04.2022) 3P 7C 3/3