Durai Raja v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.10850 of 2020 Durai Raja ... Petitioner Vs 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Sub Collector, Cheranmahadevi, Tirunelveli.

3.The Tahsildar, Radhapuram Taluk, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to include the name of the petitioner in the joint patta having number 106 pertaining to the land to the extent of acre 1 cents 12.05 in the eastern side out of acre 2.58 in Survey No.935 at Vepilankulam Village part 1, Radhapuram Taluk, Tirunelveli District in the name of petitioner, by considering the petitioner's representation dated 05.03.2020.

For Petitioner : Mr.S.R.Anbarasu For Respondents : Mr.P.Kannidevan Additional Government Pleader

ORDER

This Writ Petition is filed to direct the 3rd respondent to include the name of the petitioner in the joint patta bearing No.106 pertaining the land in S.No.935, measuring to an extent of 1 acre 12.05 cents in the eastern side out of 2.58 acres, situated at Vepilankulam Village part 1, Radhapuram Taluk, Tirunelveli District. 2.By consent of both parties, this Writ Petition is taken up for final hearing at the stage of admission itself. 1/3

3.The grievance of the petitioner is that though he made a representation dated 05.03.2020 to the respondents with the relief sought for in the prayer, so far, no action has been taken. Hence, the petitioner is before this Court.

4.In reply, the learned Additional Government Pleader appearing for the respondents would submit that the petitioner's representation dated 05.03.2020, would be considered on merits and in accordance with law, within a time frame to be fixed by this Court.

5.Having regard to the limited scope of the prayer made by the petitioner and in view of the submissions made on either side, this Court, without expressing any opinion on the merits of the petitioner's case, is inclined to pass the following direction:- the 3rd respondent is directed to consider the petitioner's representation dated 05.03.2020 and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner and the parties interested, if any, within a period of twelve weeks from the date of receipt of a copy of this order;

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) mm 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, Tirunelveli.

2. The Sub Collector, Cheranmahadevi, Tirunelveli.

2/3

3. The Tahsildar, Radhapuram Taluk, +1 CC to the SPL GP ( SR-16245[F] dated 08/09/2020 ) W.P.(MD) No.10850 of 2020 03.09.2020 CS: 14.09.2020 3P 5C 3/3