M.Perumal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD M.Perumal ... Petitioner vs.

1.The District Collector, Office of the District Collector, Thoothukudi District.

2.The District Revenue Officer, Office of the District Revenue Officer, Thoothukudi District.

3.The Revenue Divisional Officer, Office of the District Revenue Officer, Thoothukudi District.

4.The Tahsildar, Ettayyapuram Taluk Office, Thoothukudi District.

5.P.Ayyammal ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 4 herein to cancel the assignment patta granted in favour of the fifth 1/5

respondent in respect of the surplus land comprised in Survey No.235/1 to an extent of 1.21.50 hectares = 3 acres situated at Ramanoothu Village, Ettayyapuram Taluk, Thoothukudi District and to issue assigned pattas to landless poor in respect of the above said lands in terms of the Revenue Board Standing Orders by considering the representation of the petitioner, dated 24.07.2020.

For Petitioner : Mr.G.Thalaimutharasu For RR 1 to 4 : Mr.N.GA.Natraj Government Advocate For R - 5 : Mr.K.K.Samy

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) The prayer made in this Writ Petition is to issue a Writ of Mandamus, directing the respondents 1 to 4 to cancel the assignment patta granted in favour of the fifth respondent in respect of the surplus land comprised in Survey No.235/1 to an extent of 1.21.50 hectares = 3 acres situated at Ramanoothu Village, Ettayyapuram Taluk, Thoothukudi District and to issue assigned pattas to landless poor in respect of the above said lands in terms of the Revenue Board Standing Orders by considering the representation of the petitioner, dated 24.07.2020. 2/5

2. When the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that it would be suffice, if the representation of the petitioner is disposed of on merits and in accordance with law, within a time stipulated by this Court.

3. The learned Special Government Pleader appearing for the respondents 1 to 4 submitted that the representation of the petitioner will be considered on merits.

4. In view of the above, this Court, without going into the merits of the claim made by the petitioner, directs the respondents 1 to 4 to consider the representation of the petitioner, dated 24.07.2020 and pass appropriate orders, on merits and in accordance with law, after due opportunity of hearing to the petitioner as well as fifth respondent and any other interested parties. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 5.The Writ Petition is disposed of with the above direction. No costs.

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6. Post the matter after eight weeks under the caption "for reporting compliance".

[R.M.D.,J.] & [J.S.N.P.,J.] 12.09.2022 Index : Yes / No Internet : Yes ps To 1.The District Collector, Office of the District Collector, Thoothukudi District.

2.The District Revenue Officer, Office of the District Revenue Officer, Thoothukudi District.

3.The Revenue Divisional Officer, Office of the District Revenue Officer, Thoothukudi District.

4.The Tahsildar, Ettayyapuram Taluk Office, Thoothukudi District.

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R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN 12.09.2022 5/5