Muthuramanalingam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Muthuramalingam : Petitioner Vs.

1. The District Collector, Thoothukudi District.

2. The Revenue Divisional Officer, Tiruchendur Division, Thoothukudi District.

3. The Joint Commissioner, HR & CE Department, Thoothukudi, Thoothukudi District.

4. The Assistant Commissioner, HR & CE Department, Thoothukudi, Thoothukudi District.

5. The Executive Officer, Arulmigu Mutharamman Temple, Kulasekarapattinam, Tiruchendur Taluk, Thoothukudi District.

: Respondents 1/6

P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to consider the petitioners representation dated 06.02.2025 and to hand over the possession of the properties in Old 186/1 in new survey Nos.579/15B and 580/6 to the total extent of 50 cents situated at Kulasekarapattinam Tiruchendur Taluk, Thoothukudi District to the petitioner within a stipulated period as framed by this Honourable court. For Petitioners : Mr.J.David Ganesan For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader

O R D E R

This Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 06.02.2025 and to hand over the possession of the properties in old Survey No. 186/1, now in new Survey Nos. 579/15B and 580/6, totaling 50 cents, situated at Kulasekarapattinam, Tiruchendur Taluk, Thoothukudi District, to the petitioner within a specified time frame.

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2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner claims that the subject land was purchased by his forefather, Thiruparkadalnatha Kavirayar Aasari, through the saledeed in Document No. 2100 of 1950. After the demise of the petitioner's forefather and father, the petitioner and his siblings acquired the rights and possession over the said property. The petitioner's grievance is that, despite submitting a detailed representation on 06.02.2025, requesting the respondents to remove the occupiers and hand over possession of the land to the petitioner and his family members, the same has not been considered till date. Aggrieved by this, the petitioner has filed the present writ petition.

4. The learned Additional Government Pleader, appearing on behalf of the respondents, submitted that the said representation will be duly considered and an appropriate order will be passed within the specified time frame as stipulated by this Court. 3/6

5. In view of the above submission made, without going into the merits of the matter, there shall be a direction to the respondents to consider the representation of the petitioner dated 06.02.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of eight weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 24.03.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The District Collector, Thoothukudi District.

2. The Revenue Divisional Officer, Tiruchendur Division, Thoothukudi District.

3. The Joint Commissioner, HR & CE Department, Thoothukudi, Thoothukudi District.

4. The Assistant Commissioner, HR & CE Department, Thoothukudi, Thoothukudi District.

5. The Executive Officer, Arulmigu Mutharamman Temple, Kulasekarapattinam, Tiruchendur Taluk, Thoothukudi District.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.7973 of 2025 24.03.2025 6/6