N.Senthil, S/O.P.Namasivayam v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR N.Senthil ... Petitioner vs.
1.The District Collector, Madurai District, Madurai.
2.The District Revenue Officer, Madurai District, Madurai.
3.The Revenue Officer, Othakadai (North Taluk), Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to entry as agricultural land in lieu of Silaimankulam alter in the 'A' Register for the property comprised in S.No.24/4, 1 acre and 21 cents at Kalambal Village, South Taluk, Madurai District, on the basis of the petitioner's representation dated 07.03.2019. For Petitioner : Mr.S.Balaji For Respondents : Mr.Aayiram K.Selvakumar, Additional Government Pleader.
ORDER
Mr.S.Balaji, learned counsel on record for writ petitioner and Mr.Aayiram K.Selvakumar, learned Additional Government Pleader on behalf of all three respondents are before this Court.
2. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.
3. The main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 07.03.2019 wherein writ petitioner has sought rectification in 'A' register of the Village regarding an entry made 1/3
therein.
4. Notwithstanding several averments made in the affidavit filed in support of the writ petition, notwithstanding several grounds raised / contentions urged in the affidavit filed in support of instant writ petition, learned counsel for writ petitioner abridges the scope of the writ petition and submits that it will suffice if the second respondent is directed to dispose of the aforementioned representation of the writ petitioner, dated 07.03.2019 on its own merits and in accordance with law.
5. Learned State counsel submitted that the second respondent shall consider the aforementioned representation dated 07.03.2019 made by the writ petitioner ( page Nos.32 and 33 of the typed set of papers forming part of the case file) within a time frame stipulated by this Court.
6. The aforesaid representation dated 07.03.2019 shall be disposed of by the second respondent on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight weeks from the date of receipt of a copy of this order.
7. It is made clear that in the course of the representation being considered by the second respondent, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the second respondent shall give reasonable opportunity to such third party / parties or any other third party entity / entities, before disposing of the aforementioned writ petitioner's representation. Though obvious, it is made clear that this Court has not expressed any opinion or view on the merits of the matter.
8. The proceeding / order of disposal shall be communicated by the office of the second respondent to the writ petitioner under due acknowledgement within seven working days from the completion of aforesaid exercise.
9. Instant Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) ps 2/3
To 1.The District Collector, Madurai District, Madurai.
2.The District Revenue Officer, Madurai District, Madurai.
3.The Revenue Officer, Othakadai (North Taluk), Madurai.
+1 CC to M/s.S.BALAJI, Advocate ( SR-89077[F] dated 25/09/2019 ) +1 CC to M/s.GP ( SR-89843[F] dated 26/09/2019 ) 24.09.2019 JMN(30.09.2019) 3P : 6C 3/3