K.Nageswaran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.14049 of 2015 K.Nageswaran ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

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

3.The Tahsildar, Tirunelveli, Tirunelveli District.

4.Sakkayan @ Poolappan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 3rd Respondent to dispose the petitioner's representation dated 05.01.2015 within the time stipulated by this Hon'ble Court.

For Petitioner : Mr.Sankar For Respondents : Mr.T.S.Mohamed Mohideen Additional Government Pleader for R.1 to R.3 Mr.J.Senthil Kumaraiah for R.4 *****

ORDER

This writ petition is filed by the petitioner seeking a direction to the third respondent to dispose of his representation dated 05.01.2015.

2. According to the petitioner, the property in Survey No.767/1B, Thenkalam Village, Tirunelveli Taluk, Tirunelveli District is his ancestral property and some third parties, viz., the fourth respondent herein, creating some forged documents had interfered with his possession and got patta in his favour. Aggrieved by the same, the petitioner has submitted several representations and finally on 05.01.2015 and as the same is kept pending, without any action, the petitioner is before this Court, seeking the aforesaid relief.

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3. The learned Additional Government Pleader, on instructions, submitted that the authorities are now inclined to pass orders on the representation of the petitioner, on merits, within a stipulated time period.

4. Heard the learned Counsel on both sides.

5. Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the respondents, more particularly the third respondent, to consider the representation of the petitioner dated 05.01.2015 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner and the fourth respondent as well as all the interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli.

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

3.The Tahsildar, Tirunelveli, Tirunelveli District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 85308 +1cc to M/s. M.SANKAR Advocate in SR. No. 85276 +1cc to Mr.J.SENTHIL KUMARAIAH Advocate in SR. No. 84956 GK JS/GT/SAR.1/15.11.2017/2P-6C W.P.(MD)No.14049 of 2015 02.11.2017 https://hcservices.ecourts.gov.in/hcservices/