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Madras High CourtWP(MD)/19773/2015disposed of

D.Soundararaj(M/55), v. The District Collector

2015-10-30Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.10.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.19773 of 2015 D.Soundararaj ... Petitioner Vs.

1.The District Collector, Trichy, Trichy District.

2.The Revenue Divisional Officer, Trichy Division, Trichy.

3.The Tahsildar, Thiruverambur Thaluk, Trichy District. ... Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the second respondent to dispose of the petitioner's representation, dated 27.10.2014 following the other representation, dated 18.08.2004 to include his name in patta No.190 relating to survey No.310/9 at Navalpattu Village, Trichy District in the light of the recommendation made by the third respondent vide his proceedings in Na.Ka.No.380 A1/09, dated 12.01.2009 within a time as may be stipulated by this Court. For petitioner : Mr.J.Jeyakumaran For Respondents : Mr.S.Kumar Additional Government Pleader

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the second respondent to dispose of the petitioner's representation, dated 27.10.2014 to include his name in patta No.190 relating to survey No.310/9 at Navalpattu Village, Trichy District in the light of the recommendation made by the third respondent vide his proceedings in Na.Ka.No.380 A1/09, dated 12.01.2009 within a stipulated time.

2. Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents.

3. By consent, the Writ Petition itself is taken up for final disposal.

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4.Though very many contentions have been raised in the Writ Petition, at the time of making submissions, the learned counsel for the petitioner submitted that if a direction is given to the second respondent to consider the representation of the petitioner, dated 27.10.2014, that would suffice.

5. In view of the submission made by the learned counsel for the petitioner, without going into the merits of the averments made in the Writ Petition, this Court directs the second respondent to consider the representation of the petitioner, dated 27.10.2014, on merits and in accordance with law, by affording an opportunity of hearing to all the necessary parties, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the claim made by the petitioner and it is for the second respondent to consider the same purely on merits.

With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Collector, Trichy, Trichy District.

2.The Revenue Divisional Officer, Trichy Division, Trichy.

3.The Tahsildar, Thiruverambur Thaluk, Trichy District.

+1cc to Mr.J.Jeyakumaran, Advocate SR.No.64082 +1cc to The Special Government Pleader, Madurai. SR.No.64282 W.P(MD).No.19773 of 2015 30.10.2015 pm NS/JGB/26.11.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/