Madras High CourtWP(MD)/11969/2020disposed of

Chellammal v. The District Collector,

2020-09-23Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.11969 of 2020 Chellammal ... Petitioner Vs.

1.The District Collector, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, Usilampatti, Madurai District.

4.The Tahsildar, Peraiyur Taluk, Madurai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to inspect the Kannathu Channel runs in the direction of South to North irrigated from Therku Madai Pasanam in the petitioner's land and enter the same in the FMB sketch and revenue records by considering the petitioner's representation dated 31.07.2020, on merits an in accordance with law.

For Petitioner : Mr.T.Pon Ramkumar For Respondents : Mr.V.Anand, Government Advocate

ORDER

This writ petition is filed seeking for a direction to direct the respondents herein to inspect the Kannathu Channel runs in the direction of South to North irrigated from Therku Madai Pasanam in the petitioner's land and enter the same in the FMB sketch and revenue records by considering the petitioner's representation dated 31.07.2020, on merits an in accordance with law.

2. The learned counsel appearing for the petitioner would submit that it is suffice, if a direction is issued to the fourth 1/3

respondent to consider the petitioner's representation dated 31.07.2020.

3.The learned Government Advocate appearing for the respondents would submit that the petitioner's representation dated 31.07.2020 would be considered on merits and in accordance with law, within a time frame to be fixed by this Court.

4.In agreement with the submission made by the learned Government Advocate, without expressing any opinion on the merits of the case, this Court is inclined to pass the following direction:- (i) The fourth respondent is directed to consider the petitioner's representation dated 31.07.2020 and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner and the rival parties, if any. If there is any objection from the rival parties, the respondent shall conduct the enquiry and communicate the decision to the parties concerned.

(ii) The aforesaid exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. 5.This Writ Petition is disposed of, with the above directions. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) das 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, 2/3

2.The District Revenue Officer, 3.The Revenue Divisional Officer, Usilampatti, Madurai District.

4.The Tahsildar, Peraiyur Taluk, Madurai District.

+1 CC to Mr.T. PON RAMKUMAR, Advocate (SR-17933[F] dated 24/09/2020 ) +1 CC to SPL GP ( SR-17964[F] dated 24/09/2020 ) W.P.(MD) No.11969 of 2020 23.09.2020 VB (01.10.2020) 3P 7C 3/3