Madras High CourtWP(MD)/10852/2022disposed of

Balusamy.R v. The District Collector,

2022-06-07Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.10852 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.10852 of 2022 R.Balusamy ... Petitioner Vs 1.The District Collector, Karur District, Karur.

2.The Tahsildar, Thasildar Office, Aravakuruchi Taluk, Karur District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the second respondent to consider petitioner's representation / application, dated 24.03.2022 and to consequential reminder, dated 16.04.2022 and to record the petitioner as cultivating tenant under Tamil Nadu Agricultural Lands Record of Tenancy Act in respect of land in survey numbers 713/1 and 714/1 of an extent of about 8.61 Acres in Periyamanjuveli Village, Aravakkurichi Taluk, Karur District, within the time stipulated by this Court.

For Petitioner : Mr.S.Madhavan For Respondents : Mr.M.Prakash Additional Government Pleader

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

2. The petitioner claims that he is a cultivating tenant in respect of the petition mentioned lands. The lands admittedly belong to Sri Thiruvavaduthurai Atheenam. Thiruvavaduthurai Atheenam had objections for entering the petitioner's name as cultivating tenant in the relevant record.

3. Be that as it may, when the petitioner has filed a statutory petition, the second respondent has to consider the same on merits and in accordance with law. Of course, final order can be passed https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.10852 of 2022 only after proper enquiry and after hearing the landlord / Thiruvavaduthurai Atheenam. The scope of the writ petition is confined to directing the second respondent to dispose of the petitioner's application. The second respondent is directed to conclude the petition mentioned proceedings on merits and in accordance with law after due notice to the landlord / Thiruvavaduthurai Atheenam within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that I have not gone into the merits of the matter.

4. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To 1.The District Collector, Karur District, Karur.

2.The Tahsildar, Thasildar Office, Aravakuruchi Taluk, Karur District.

+1 CC to M/s.S.MADHAVAN, Advocate ( SR-24448[F] dated 07/06/2022 ) +1 CC to M/s.SPL.GP ( SR-24601[F] dated 08/06/2022 ) W.P.(MD)No.10852 of 2022 07.06.2022 NA(CO) KB(13.06.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2