Solaimalai v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.05.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR W.P(MD)No.17224 of 2015 and M.P.(MD)No.1 of 2015 and W.M.P(MD)No.10150 of 2018 Solaimalai : Petitioner Vs.
1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Revenue Divisional Officer, Sivakasi, Virudhunagar District.
3. The Tahsildar, Rajapalayam Taluk, Rajapalayam, Virudhunagar District.
4. The Superintendent of Police, Anti-Land Grabbing Wing, Virudhunagar District.
5.I.Sankaramani : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents 1 to 4 herein from disturbing the petitioner's peaceful possession and enjoyment of the property comprised in Survey No.508A/1B1 measuring about 90 cents situated at (PTR Nagar) Samsikapuram Village, Rajapalayam Taluk, Virudhunagar District, not otherwise than due process of law besides directing them to dispose of the representation of the petitioner dated 14.07.2015, submitted in person within time frame as fixed by this Court.
For Petitioner : Mr.B.Prahalad Ravi For R.1 to R.4 : Mr.S.Dhayalan, Government Advocate *****
O R D E R
This writ petition has been filed seeking a Writ of Mandamus forbearing the respondents 1 to 4 herein from disturbing the petitioner's peaceful possession and enjoyment of a property
comprised in Survey No.508A/1B1 measuring about 90 cents situated at (PTR Nagar) Samsikapuram Village, Rajapalayam Taluk, Virudhunagar District, not otherwise than due process of law besides directing them to dispose of the representation of the petitioner dated 14.07.2015, submitted in person within time frame as fixed by this Court.
2. Mr.B.Prahalad Ravi, learned Counsel for the petitioner is before this Court. Mr.S.Dhayalan, learned Government Advocate accepts notice on behalf of respondents 1 to 4.
3. Notwithstanding the prayer in the writ petition, the learned Counsel for the petitioner abridges the prayer in the hearing and says that he will be satisfied, if there is a direction to the first respondent, ie., the District Collector, Virudhunagar District, Virudhunagar, to dispose of the representation of the petitioner dated 14.07.2015.
4. Writ petitioner has given a representation on 14.07.2015, which is at page No.21 of Typed Set of papers.
5. To be noted, respondent No.5 is a private respondent and as this writ petition is being disposed of without notice to respondent No.5, the writ petitioner shall send a copy of this order to respondent No.5, within three working days from the date of receipt of a copy of this order.
6. There shall be a direction to the first respondent to dispose of the said representation dated 14.07.2015, given by the petitioner, within a fortnight from the date of receipt of a copy of this order. The first respondent shall put respondent No.5 on notice and give adequate opportunity to him, before disposing of the representation of the petitioner, pursuant to this order.
7. This writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To
1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Revenue Divisional Officer, Sivakasi, Virudhunagar District.
3. The Tahsildar, Rajapalayam Taluk, Rajapalayam, Virudhunagar District.
4. The Superintendent of Police, Anti-Land Grabbing Wing, Virudhunagar District.
+1cc to Spl.Government Pleader Sr.No.65761 +1cc to Mr.B.Prahalad Ravi, Advocate Sr.No.65818 CMR/MYR VB/KKR/SAR4/29.05.2018/3P/7C ORDER MADE IN W.P(MD)No.17224 of 2015 16.05.2018