Madras High CourtWP(MD)/5974/2015disposed of

D. Chinnajothi v. The District Collector

2016-12-08Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 08.12.2016

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.5974 of 2015 D.Chinnajothi ..Petitioner Vs 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Revenue Divisional Office, Tirunelveli District.

3.The Tahsildar, Tahsildar Office, Sankarankovil Taluk, Tirunelveli District.

4.Esther Chellammal 5.Selvakumar 6.Agasteen Thaveethuraj 7.Esumariadoss 8.Anthoniammal 9.Albert 10.Vedhamanickam 11.Balakrishnan ..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 to 3 to delete the name of the respondents 4 to 11 and to issue a separate patta in the Petitioner's name.

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For Petitioner :M/s.S.C.Herold Singh For Respondents :Mr.T.S.Mohammed Mohideen 1 to 3 Addl.Govt.Pleader

ORDER

The Petitioner seeks for a mandamus directing the respondents 1 to 3 to delete the names of respondents 4 to 11 in the patta and to issue a separate patta in the name of the Petitioner. 2.According to the Petitioner, respondents 4 to 11 are not entitled to have their names included in the patta. Whether the contention of the Petitioner is correct or not, is for the third respondent to consider and decide and therefore, this Court, at this stage, is not expressing any view on the merits of the claim made by the Petitioner. However, as it is seen that the Petitioner has made a representation on 9.2.2015 seeking the very same relief before the official respondents, this Court directs the third respondent to consider the said representation of the Petitioner, dated 9.2.

2015 and pass orders on the same on merits and in accordance with law, after giving an opportunity of hearing to the Petitioner as well as to the respondents 4 to 11. Such exercise shall be done by the third respondent within a period of 12 weeks from the date of receipt of a copy of this order. 3.The Writ Petition is disposed of in above terms. No costs. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Revenue Divisional Officer, Revenue Divisional Office, Tirunelveli District. 3.The Tahsildar, Tahsildar Office, Sankarankovil Taluk, Tirunelveli District. +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No.80288 +1 CC to Mr.S.C. HEROL SINGH, Advocate, SR No. 80288 W.P(MD)No.5974 of 2015 08.12.2016 vsn SH/PV/SAR-I:16.12.2016:2P/5C https://hcservices.ecourts.

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