Madras High CourtWP(MD)/11137/2020disposed of

R.Jegadeeswaran v. The District Registrar

2023-06-14Honourable Ms. Justice P.T. Asha2 pages

W.P.(MD) No.11137 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD) No.11137 of 2020 and W.M.P(MD) No.11110 of 2020 R.Jegadeeswaran ... Petitioner Vs.

1.The District Registrar, Palayamkottai, Tirunelveli District.

2.The Sub Registrar, (Joint-I), Sub Registrar Office, Palayamkottai, Tirunelveli District.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 22.07.2019 and pass orders within stipulated period framed by this Court.

For Petitioner :

Mr.A.Sankararamasubramanian For Respondents : Mr.M.Prakash Government Advocate

ORDER

This Writ Petition has been filed for issuance of writ of mandamus, directing the first respondent to consider the petitioner's representation dated 22.07.2019 and pass orders within stipulated period framed by this Court.

2. Heard the learned counsel appearing on either side.

3. It is informed that though the proceedings for acquiring the land was initiated with 4(1) notification, no further proceedings were initiated thereafter and the land continues to https://www.mhc.tn.gov.in/judis 1/2

W.P.(MD) No.11137 of 2020 be in the occupation of the petitioner. It appears that the suit in O.S.No.179 of 1987 on the file of the Principal Sub Court, Tirunelveli, has been filed and the same has subsequently been compromised on 31.01.1990, which would go to show that the possession has never left the petitioner.

4. A perusal of the encumbrance certificate would also indicate that an award bearing No.2/1996 has been passed with reference to the acquisition of land measuring to an extent of 7590 sq ft for crematorium for the use of Aadhi Dravidar Community.

5. Be that as it may, since the mandamus is only to consider the representation, the representation of the petitioner dated 22.07.2019 shall be considered by the first respondent, after considering the records relating to the acquisition and order shall be passed within a period of eight 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. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Crl Side) // True Copy // /07/2023 Sub Assistant Registrar(CS) cp To 1.The District Registrar, Palayamkottai, Tirunelveli District.

2.The Sub Registrar, (Joint-I), Sub Registrar Office, Palayamkottai, Tirunelveli District.

+1 CC to M/s.A.SANKARARAMASUBRAMANIAN, Advocate ( SR-28193[F] dated 15/06/2023 ) W.P.(MD) No.11137 of 2020 Dated: 14.06.2023 MK/08.07.2023 2P 4C https://www.mhc.tn.gov.in/judis 2/2