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Madras High CourtWP(MD)/11723/2020disposed of

A.M.Adaikkan v. The Special Deputy Collector

2020-09-15Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD)No.11723 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.11723 of 2020 A.M.Adaikkan ... Petitioner Vs.

1.The Special Deputy Collector, Tiruchirappalli Revenue Court, Thiruchirappalli.

2.The Thasildar cum Tamil Nadu Agricultural Land Tenancy Record Officer, Taluk Office, Ponnamaravathi, Pudukkottai District.

... Respondents Prayer: This Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, to direct the second respondent to complete the enquiry after considering the documents and to pass orders in Case No.99 of 2010 as per the remand order of the first respondent vide his proceedings in Me.Mu.Manu.No.07/2017 (Pudukkottai) dated 25.06.2018 on the basis of the petitioner's representation dated 07.03.2020 and to record the petitioner's name as cultivating tenant in lands at S.No.155-3 at Ponnamaravathi East Village to an extent of 0.19.5 Ares of Lands.

For Petitioner : Mr.D.Senthil For Respondents : Mr.A.Karthik, Government Advocate.

ORDER

This writ petition has been filed seeking a direction to direct the second respondent to complete the enquiry after considering the documents and to pass orders in Case No.99 of 2010 as per the remand order of the first respondent vide his proceedings in Me.Mu.Manu. No.07/2017 (Pudukkottai) dated 25.06.2018 on the basis of the petitioner's representation dated 07.03.2020. 2.The learned counsel appearing for the petitioner would submit that the petitioner filed an application before the second respondent to record the petitioner's name as cultivating tenant in lands at S.No.155-3 Ponnamaravathi East Village in case No.99 of 2010 and the same was dismissed. Aggrieved over the same, the petitioner preferred an appeal before the first respondent in Me.Mu.Manu.No.07 of 2017. The first respondent allowed the appeal and remanded back the matter to the second respondent for fresh https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.11723 of 2020 consideration. Thereafter, the petitioner made a representation, dated 07.03.2020 along with the order of the first respondent. Since no action has been passed, the petitioner is before this Court.

3.The learned Government Advocate appearing for the respondents would submit that the second respondent will pass appropriate orders on the representation of the petitioner.

4.In view of the limited prayer sought for by the petitioner, this Court, without expressing any opinion on the merits of the case, is inclined to direct the second respondent to consider the petitioner's representation dated 07.03.2020, in the light of the order passed by the first respondent in Me.Mu.Manu.No.07/2017, dated 25.06.2018 and pass orders on merits and in accordance with law, after providing an opportunity of being heard to the parties concerned, within a period of twelve (12) weeks from the date of receipt of a copy this order.

5.With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) gns 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 Special Deputy Collector, Tiruchirappalli Revenue Court,Thiruchirappalli. 2.The Thasildar cum Tamil Nadu Agricultural Land Tenancy Record Officer, Taluk Office, Ponnamaravathi,Pudukkottai District. +1 CC to M/s.SPL GP ( SR-17127[F] dated 16/09/2020 ) W.P.(MD)No.11723 of 2020 15.09.2020 SCR(CO) AP(23/09/2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2