Madras High CourtWP(MD)/12074/2020disposed of

T.Velmurugan v. The District Collector

2020-09-18Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2020

CORAM

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR T.Velmurugan .. Petitioner Vs.

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Tahsildar, Ottapidaram Taluk, Thoothukudi District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondents to include the name of the petitioner (Velmurugan) and Parvathi in Patta No.1954, in respect of Survey No.483/1, situated at Panchalankurichi Village, Ottapidaram Taluk,Thoothukudi District on the basis of the petitioner's representation dated 10.08.2020. For Petitioner : Mr.P.Banuprasath For Respondents : Mr.C.Ramesh Special Government Pleader

ORDER

This writ petition has been filed for issuance of Writ of Mandamus, directing the respondents to include the name of the petitioner (Velmurugan) and Parvathi in Patta No.1954, in respect of Survey No.483/1, situated at Panchalankurichi Village, Ottapidaram Taluk, Thoothukudi District, considering the petitioner's representation dated 10.08.2020.

2.The case of the petitioner is that the petitioner namely Mr.Velmurugan, along with one Parvathi have jointly purchased a property in S.No.483/1, having an extent of 12.396 cents out of the total extent of 3 acres. Originally the property was belonged to one Rajesh Vincent @ Rajesh Manimaran and Packiyalakshmi, who were executed a power of attorney in favour of one J.Vincent, who in turn sold the property to one Balu. From Balu, the petitioner along with 1/3

Parvathi purchased the above said property, vide document No.1081 of 2020 dated 06.08.2020, which is included in Patta No.1954. Thereafter, on 10.08.2020, the petitioner made a representation to the second respondent to include his name also in the above said Patta. The above said Parvathi has also sent a representation to the second respondent on 24.08.2020. But, the second respondent has not chosen to pass orders on the representations. Hence, the petitioner has come forward with the present writ petition. 3.Heard Mr.P.Banuprasath, learned counsel for the petitioner and Mr.C.Ramesh, learned Special Government Pleader, who takes notice for the respondents and by consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

4.The learned counsel for the petitioner submits that the petitioner would be satisfied, if a direction is given to the second respondent to consider the representation made by the petitioner. 5.The learned Special Government Pleader submits that the second respondent will consider the petitioner's representation and pass orders on merits and in accordance with law, within the time stipulated by this Court.

6.Considering the limited scope of the prayer sought for in the writ petition and taking note of the facts of the case, without expressing any opinion on the merits of the case, this Court is inclined to dispose of the writ petition with the following direction.

(i)The second respondent shall consider the representation of the petitioner dated 10.08.2020 and pass final orders on merits and in accordance with law, as expeditiously as possible, within a period of twelve weeks from the date of receipt of a copy of this order, by affording opportunity to the petitioner as well as the persons who are having interest in this matter. 7.With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (C.O) // True Copy // / /2020 Sub Assistant Registrar(CS) TM 2/3

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.

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Tahsildar, Ottapidaram Taluk, Thoothukudi District.

+1 CC to Mr.P.BANUPRASATH, Advocate SR-17499. 18.09.2020 AL(CO) CS(29.09.2020) 3P 4C 3/3