Palanivel v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Palanivel .. Petitioner Vs 1.The District Collector, Pudukkottai District.
2.The Revenue Divisional Officer, Aranthangi Taluk, Pudukkottai District.
3.The Tahsildar, Manamelkudi Taluk, Pudukkottai District.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to consider the representation of the petitioner, dated 07.03.2022, to permit the petitioner herein to level the patta lands belonging to him and his family members and make it fit for cultivation in the light of the consent letters of neighbours of petitioner, dated 01.03.2022.
For Petitioner : Mr.C.Padmaraj For Respondents : Mr.P.Thilak Kumar, 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 07.03.2022, seeking direction for the petitioner to level the patta lands belonging to him and his family members and make it fit for cultivation and after giving due consideration of the consent letters submitted by the petitioner from his neighbours all dated 01.03.2022, within a time frame to be fixed by this Court.
2.According to the petitioner, he is the absolute owner of the property at Manamelkudi Taluk, Pattukkottai District, having purchased the said property under a registered sale deed. According to him, patta is also standing in his name and the names of his family members. The petitioner seeks to level the lands in 1/3
his property for the purpose of making it fit for cultivation. The petitioner has also obtained consent letters from his neighbours for levelling his lands as well as his family member's lands. The petitioner has submitted a representation on 07.03.2022, requesting the respondents to grant permission for leveling the petitioner's patta lands. Since the representation has not been considered till date, he has filed this writ petition.
3.Heard Mr.C.Padmaraj, learned counsel appearing for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader, who accepts notice on behalf of the respondents.
4.No prejudice will be caused to the respondents, if the petitioner's representation, seeking permission to level the patta lands belonging to him and his family members and make it fit for cultivation, is considered on merits and in accordance with law, after affording a fair hearing to the petitioner, within a time to be fixed by this Court.
5.Accordingly, this Court directs the second respondent to consider the representation, dated 07.03.2022, seeking permission to level the patta lands belonging to the petitioners and his family members and make it fit for cultivation and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order.
6.With the aforesaid directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.
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To 1.The District Collector, Pudukkottai District.
2.The Revenue Divisional Officer, Aranthangi Taluk, Pudukkottai District.
3.The Tahsildar, Manamelkudi Taluk, Pudukkottai District.
+1 CC to M/s.SPL GP ( SR-14842[F] dated 28/03/2022 ) +1 CC to M/s.C.PADMARAJ, Advocate ( SR-14854[F] dated 28/03/2022 ) 25.03.2022 KS(CO) PA(06.04.2022) 3P 6C 3/3