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Madras High CourtWP(MD)/12164/2021disposed of

Srinivasan.D v. The Dist Collector

2021-07-19Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH D.Srinivasan

...Petitioner

Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, RDO Office, District Collector Office Campus, Madurai.

3.The Tahsildar, Vadipatti, Madurai District.

4.Manikanda Prabhu 5.Rajeshwari 6.Sathyabama

...Respondents

Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents particularly third respondent to remove the names of 1)Manikanda Prabhu 2)Rajeshwari 3)Sathayabama from the Patta Nos.4671R.S.No.146/5B1, 2)Patta No-2774-R.S.No.146/5B2, 3)Patta No-2775S.No.146/3 and 4) Patta No.4670- S.No.162/1A3A in Kulasekarankottai Village, Vadipatty Taluk, Madurai District and consider the petitioner's representation dated 08.05.2021. For Petitioner : Mr.S.Sivakumar For RR1 to 3 : Mr.M.Linga Durai Government Advocate

ORDER

This Writ Petition has been field for the issue of a Writ of Mandamus directing the second and third respondents to remove the names of the private respondents from the patta by considering the representation made by the petitioner on 08.05.2021.

2. The case of the petitioner is that the third respondent passed an order and incorporated the names of the respondents 4 to 6 in the patta and a joint patta was issued in this regard. The petitioner, therefore, made a representation on 08.05.2021 to remove 1/3

the names of the private respondents from the patta. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.

3. Heard Mr.S.Sivakumar, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the respondents 1 to 3.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the second respondent to consider the representation made by the petitioner on 08.05.2021 after affording opportunity to the petitioner and the respondents 4 to 6 and deal with the same on its own merits and in accordance with law and pass final orders within a period of six (6) weeks from the date of receipt of a copy of this order.

5. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.

6. This Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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, Madurai District, Madurai.

2.The Revenue Divisional Officer, RDO Office, District Collector Office Campus, Madurai.

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3.The Tahsildar, Vadipatti, Madurai District.

+1 CC to M/s.S.SIVAKUMAR, Advocate ( SR-23266[F] dated 20/07/2021 ) +1 CC to M/s.GP ( SR-23330[F] dated 20/07/2021 ) 19.07.2021 CM(CO) KB(30.07.2021) 3P 6C 3/3