S.Murugan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2020 CORAM :
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM and W.M.P.(MD).No.8665 of 2020 S.Murugan ... Petitioner Vs.
1.The District Collector, Tirunelveli District.
2.The Tahsildar, Tirunelveli Taluk, Tirunelveli District.
3.The Commissioner, Tirunelveli City Municipal Corporation, Tirunelveli City.
4.The Assistant Commissioner, Thatchanallur Zone, Tirunelveli City Municipal Corporation, Tirunelveli City.
... Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to keep and maintain the property in T.S.No.1581/1, Block No.20, Ward - J, Manimoorthiswaram Revenue Village, Udaiyarpatti, Tirunelveli Taluk, Tirunelveli District as a cattle stand as mentioned in revenue records inclusive of village register by considering the petitioner's representation dated 16.04.2020. For Petitioner : Mr.R.Anand For R1 and R2 : Mr.B.Bagavathi, Government Advocate For R3 & R4 : Mr.Aayiram K.Selvakumar Special Government Pleader 1/3
O R D E R
(Order of the Court was made by M.SATHYANARAYANAN,J.) The petitioner claims to be a resident of Udaiyarpatti, Tirunelveli Junction and District and according to him, the land in T.S.No.1581/1, Block No.20, Ward - J, Manimoorthiswaram Revenue Village, Udaiyarpatti, Tirunelveli Junction and District, as per revenue records, is classified as "Manthai" and there are already encroachments by people belonging to dominant community and that apart, steps are being taken to construct a community hall on the said land which is exclusively reserved for maintenance of cattle etc.
2. The learned counsel appearing for the petitioner would submit that in this regard, the petitioner has submitted a representation as early as on 16.04.2020 to the respondents herein and despite receipt and acknowledgement, no action whatsoever has been taken. Therefore, he is constrained to approach this Court by filing this writ petition.
3. Mr.B.Bagavathi, learned Government Advocate accepts notice on behalf of the respondents 1 and 2 and Mr.Aayiram K.Selvakumar, learned Additional Government Pleader accepts notice on behalf of the respondents 3 and 4.
4. Though the petitioner prays for larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, either in his representation or in this writ petition, directs the third respondent to consider and dispose of the petitioner's representation dated 16.04.2020, on merits and in accordance with law, after putting the encroachers if any on notice and complete the said exercise within a period of six weeks from the date of receipt of a copy of this order and till such time, shall defer the decision in respect of the said land in question. The Writ Petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3
Note : In view of the present lock down owing to COVID -19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Collector, Tirunelveli District.
2.The Tahsildar, Tirunelveli Taluk, Tirunelveli District.
3.The Commissioner, Tirunelveli City Municipal Corporation, Tirunelveli City.
4.The Assistant Commissioner, Thatchanallur Zone, Tirunelveli City Municipal Corporation, Tirunelveli City.
and W.M.P.(MD).No.8665 of 2020 20.08.2020 akv SDS (31.08.2020) 3P-5C 3/3