Krishnammal v. The Dist Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).Nos.10889, 10890, 10891, 10899, 10900, 10901, 10902, 10904, 10914, 10915 & 10928 of 2021 Krishnammal
...Petitioner in WP(MD).No.10889 of 2021
Seethai
...Petitioner in WP(MD).No.10890 of 2021
Kamatchi
...Petitioner in WP(MD).No.10891 of 2021
Muthulakshmi
...Petitioner in WP(MD).No.10899 of 2021
Kamatchi
...Petitioner in WP(MD).No.10900 of 2021
Muthammal
...Petitioner in WP(MD).No.10901 of 2021
Jayalakshmi
...Petitioner in WP(MD).No.10902 of 2021
Ganapathi Ammal.R
...Petitioner in WP(MD).No.10904 of 2021
Chellammal
...Petitioner in WP(MD).No.10914 of 2021
Krishnammal
...Petitioner in WP(MD).No.10915 of 2021
Kamatchi
...Petitioner in WP(MD).No.10928 of 2021
Vs.
1.The District Collector,Virudhunagar District, Virudhunagar.
2.The Revenue Divisional Officer, Sivakasi,Virudhunagar District.
3.The Special Tahsildar, Athithravidar Nalathurai, Srivilliputhur Taluk, Virudhunagar District.
4.The Tahsildar, Srivilliputhur Taluk, Virudhunagar District.
... Respondents in all Cases Common Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation, dated 13.11.2020 and 09.12.2020, within a time frame to be stipulated by this Court.
For Petitioner : Mr.I.Joshua For Respondents : Mr.M.Lingadurai Government Advocate (in all cases) 1/3
COMMON ORDER The issue involved in all these writ petitions are common and hence, they are taken up together, heard and disposed of through this common order.
2.The case of the petitioners is that they were assigned the properties in survey No.533/1 and each petitioner was allotted a plot by virtue of the proceedings of the third respondent, dated 26.01.1990. The grievance of the petitioner is that one Muthaiah @ Kundumani is illegally occupying the plots allotted to the petitioners and thereby, preventing the petitioners from enjoying the property. The petitioners made several representations in this regard and no action was taken. Ultimately, a representation was made on 09.12.2020 by each petitioner to the third respondent seeking to take action. Since these representations also did not evoke any response, the present writ petitions have been filed before this Court, seeking for appropriate directions. 3.Heard Mr.I.Joshua, learned counsel for the petitioners and Mr.M.Lingadurai, learned Government Advocate, appearing for the respondents.
4.Taking into consideration the facts and circumstances of the case and the limited relief sought for in these writ petitions, there shall be a direction to the third respondent to consider the representations made by the petitioners, on 09.12.2020 and take action strictly in accordance with law. The third respondent before acting upon the representation, shall also issue notice to the person who is alleged to be in illegal occupation namely Muthaiah @ Kundumani and give him an opportunity. The final orders shall be passed within a period of eight weeks from the date of receipt of a copy of this order.
5.The petitioners are directed to make a fresh representation to the third respondent along with a copy of this order. 6.These writ petitions are disposed of with the above directions. No costs.
Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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, Virudhunagar District, Virudhunagar.
2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.
3.The Special Tahsildar, Athithravidar Nalathurai, Srivilliputhur Taluk, Virudhunagar District.
4.The Tahsildar, Srivilliputhur Taluk, Virudhunagar District.
+1 CC to M/s.SPL GP ( SR-21029, 21052, 21053, 21046, 21035, 21034, 21032,21031,21027, 21024,21045[F] dated 02/07/2021 ) +1 CC to M/s.I.JOSHUA, Advocate ( SR-21110[F] dated 05/07/2021 ) Order made in 01.07.2021 NS(CO) TR(08.07.2021) 3P 7C 3/3