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Madras High CourtWP(MD)/12487/2020disposed of

V.K. Sivasubramanian v. The District Collector

2020-09-24Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.12487 of 2020 V.K.Sivasubramanian ... Petitioner Vs

1. The District Collector, Karur District, Karur.

2. The District Revenue Officer, Karur District, Karur.

3. The Revenue Divisional Officer, Karur District, Karur.

4. Chellammal

5. V.Karuppanan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 2nd respondent to pass suitable orders on petitioner's representation dated 04.10.2018 on the basis the report sent by the 3rd respondent dated 04.10.2019 and 20.02.2020, within the specified period fixed by this Court. For Petitioner : Mr.Babu Rajendran For R1 to R3 : Mr.P.Kannidevan Additional Government Pleader

ORDER

This writ petition is filed to direct the 2nd respondent to pass suitable orders on petitioner's representation dated 04.10.2018 on the basis of the report sent by the 3rd respondent dated 04.10.2019 and 20.02.2020.

2.According to the petitioner, he made a representation dated 04.10.2018 to the 3rd respondent seeking to remove the names of the respondents 4 and 5 in patta Nos.1106 and 134 in respect of the 1/3

property in S.Nos.288/4 and 288/5 and to issue patta in his favour for the said property. By considering the petitioner's representation, the Tahsildar had sent a full fledged report to the 3rd respondent on 10.09.2019 and based on the same, the 3rd respondent had sent a detailed report to the 2nd respondent on 20.02.2020. However, the 2nd respondent did not come forward to pass final orders on such representation. Hence, the present writ petition.

3.In reply, the learned Additional Government Pleader appearing for the respondents 1 to 3, on instructions, would submit that due to the complete lockdown on account of the COVID-19 pandemic, the 2nd respondent was unable to direct the parties concerned to appear for enquiry. He would further submit that the petitioner's representation dated 04.10.2018, would be considered on merits and in accordance with law at an earliest.

4.In view of the submission made by the learned Additional Government Pleader and considering the relief as prayed by the petitioner, this Court, without expressing any opinion on the merits of the petitioner's case, is inclined to pass the following direction:- the 2nd respondent is directed to consider the petitioner's representation dated 04.10.2018 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, after affording due opportunities of hearing to the petitioner as well as the rival claimants, if any;

5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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.

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To

1. The District Collector, Karur District, Karur.

2. The District Revenue Officer, Karur District, Karur.

3. The Revenue Divisional Officer, Karur District, Karur.

+1 CC to Mr.BABU RAJENDRAN, Advocate SR-18040. +1 CC to the SPL GP SR-18088.

W.P.(MD) No.12487 of 2020 24.09.2020 SS(CO) CS(06.10.2020) 3P 6C 3/3