Madras High CourtWP(MD)/6554/2014disposed of

K.Periyagangai v. The District Collector,

2016-06-20Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 20.06.2016

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P(MD)No.6554 OF 2014 K.Periyagangai ..Petitioner .vs.

1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, Madurai District, Madurai.

4.The Tahsildar, Vadipatti Taluk, Madurai District.

5.G.Karpagam 6.N.Ayiram 7.R.Lakshmi 8.Minor K.Thirumurugan, Rep.by its Guardian and Next Friend Kannan 9.P.Usha 10.R.Selvi 11.M.Periyasamy ..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents 1 to 4 to consider the representation of the petitioner dated 19.02.2014 within the time fixed by this Court after giving opportunity to the respondents 5 to 11 as this Court may deem fit and proper.

For Petitioner :Mr.Pala Ramasamy For Respondents :Mr.S.Satheeshkumar Addl.Govt.Pleader for R1 to R4 :No appearance for R5 to R11

ORDER

The petitioner has filed this Writ Petition for a Writ of Mandamus to direct the respondents 1 to 4 to consider the representation of the petitioner dated 19.02.2014 within the time fixed by this Court after giving opportunity to the respondents 5 to 11.

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2. The learned Counsel appearing for the petitioner submitted that the property measuring an extent of 54 cents in Survey No.273/4 in Alanganallur Village belongs to one Periyagangai, who is the petitioner's ancestor. The petitioner submits that his father - P.Karuthagangai, who is one of the co-owners in respect of the properties abovementioned, died on 26.03.1989, leaving the petitioner and others as his legal heirs.

3. The grievance of the petitioner is that the names of respondents 5 to 11 are inserted in the revenue records without giving notice to the petitioner or the other co-owners. Though the petitioner, according to him, lodged a complaint with the District Collector and other revenue authorities, they have not taken any action against the respondents.

4. Having regard to the limited prayer sought for in this writ petition, without going into the merits of the contentions raised by the petitioner in this affidavit, the Revenue Divisional Officer/third respondent herein is directed to consider the petitioner's representation dated 19.02.2014, which was filed before the first respondent and forwarded to the third respondent, on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order, after giving notice to the respondents 5 to 11 and after holding enquiry, giving sufficient opportunity to all the persons interested, uninfluenced by any of the observations made by this Court in the present order.

5. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar To 1.The District Collector, Madurai District,Madurai.

2.The District Revenue Officer Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, Madurai District,Madurai.

4.The Tahsildar Vadipatti Taluk, Madurai District.

Gsr JA-DB-29.06.2016/2P-5C W.P(MD)No.6554 OF 2014 20.06.2016 https://hcservices.ecourts.gov.in/hcservices/