Gopalakrishnan .S v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Gopalakrishnan ... Petitioner /Vs./ 1.The District Collector, Trichy District, Trichy.
2.The Revenue Divisional Officer, Collectorate Campus, Trichy.
3.The Tahsildar, Tiruverumbur Taluk, Trichy District.
... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to restore the previous position of the land of the petitioner as R.S.No.7/1A admeasuring 1.98.0 Ares, R.S.No.7/1B admeasuring 0.03.5 Ares and R.S.No.7/1C admeasuring an extent of 0.01.0 Ares, instead of R.S.No.7/1A admeasuring 1.98.0 Ares and R.S.No.7/1B admeasuring 0.04.5 Ares of 79, Poolangudi Village, Tiruverumbur Taluk, Trichy District, based on the petitioner's representation dated 12.04.2022. For Petitioner : Mr.C.T.Perumal For Respondents : Mrs.S.Jeyapriya Government Advocate
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondents to restore the previous position of the land of the petitioner as R.S.No.7/1A admeasuring 1.98.0 Ares, R.S.No.7/1B admeasuring 0.03.5 Ares and R.S.No.7/1C admeasuring an extent of 0.01.0 Ares, instead of R.S.No.7/1A admeasuring 1.98.0 Ares and R.S.No.7/1B admeasuring 0.04.5 Ares of 79, Poolangudi Village, Tiruverumbur Taluk, Trichy District, based on the petitioner's representation dated 12.04.2022, within a time frame to be fixed by this Court.
2.According to the petitioner, the aforementioned survey numbers have been modified without putting the petitioner on notice and in such circumstances, he has given a representation dated 12.04.2022 to the respondents. Since the said representation has not been considered till date, he has filed this writ petition. 1/3
3.Heard Mr.C.T.Perumal, learned Counsel for the writ petitioner and Mrs.S.Jeyapriya, learned Government Advocate, who accepts notice on behalf of the respondents.
4.No prejudice would be caused to the third respondent, if the petitioner's representation is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and any other necessary party, whom the third respondent deems fit to enquire, including granting them the right of personal hearing.
5.For the foregoing reasons, this Court directs the third respondent to pass final orders on the petitioner's representation dated 12.04.2022 seeking for restoration of the previous position of the land of the petitioner as R.S.No.7/1A admeasuring 1.98.0 Ares, R.S.No.7/1B admeasuring 0.03.5 Ares and R.S.No.7/1C admeasuring an extent of 0.01.0 Ares, instead of R.S.No.7/1A admeasuring 1.98.0 Ares and R.S.No.7/1B admeasuring 0.04.5 Ares of 79, Poolangudi Village, Tiruverumbur Taluk, Trichy District, after affording a fair hearing to the petitioner and any other necessary party, whom the third respondent deems fit to enquire, including granting them the right of personal personal hearing, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) Sm To 1.The District Collector, Trichy District, Trichy.
2.The Revenue Divisional Officer, Collectorate Campus, Trichy.
2/3
3.The Tahsildar, Tiruverumbur Taluk, Trichy District.
+1 CC to M/s.C.T. PERUMAL, Advocate ( SR-23153[F] dated 02/05/2022 ) +1 CC to M/s.SPL.GP ( SR-23438[F] dated 04/05/2022 ) order made in Dated:
29.04.2022 SS/25.05.2022 : 3P/6C 3/3