M.Perumal v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.09.2020
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.13234 of 2020 M.Perumal
...Petitioner
Vs 1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
3.The Tahsildar, Kamuthi Taluk, Ramanathapuram District.
4.The Village Administrative Officer, Melaramanathi Group, Ramanathapuram District.
5.Ramasamy
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 08.09.2020 for grant of Patta in respect of the land in S.No.417/71 Koraipallam, Melaramanathi Group, Kamuthi Taluk, Ramnad District by cancelling the patta issued to the 5th respondent in accordance with law within a time frame as may be stipulated by this court.. For Petitioner : Mr.Y.Prakash For R1 to R4 : Mr.M.Pandiarajan Additional Government Pleader
ORDER
This Writ Petition is filed to direct the respondents 1 and 2 to cancel the patta issued in favour of the 5th respondent in respect of the property in S.No.417/71 situated at Koraipallam, Melaramanathi Group, Kamuthi Taluk, Ramnad District and to issue 1/3
patta in favour of the petitioner for the aforesaid property, by considering the petitioner's representation dated 08.09.2020. 2.According to the petitioner, with the relief sought for in the prayer though he made a representation dated 08.09.2020 to the respondents 1 and 2, so far no action has been taken. Hence, the petitioner is before this Court.
3.In reply, the learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that the petitioner's representation dated 08.09.2020, would be considered on merits and in accordance with law, within a time frame to be fixed by this Court.
4.Having regard to the limited scope of the prayer made by the petitioner and in view of the submission made by the learned Additional Government Pleader, this Court, without expressing any opinion on the merits of the petitioner's case, is inclined to pass the following directions:- i) the 2nd respondent / the Revenue Divisional Officer, Paramakudi, Ramanathapuram District, is directed to consider the petitioner's representation dated 08.09.2020 and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as the 5th respondent;
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 (CS-III) // 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, Ramanathapuram District, Ramanathapuram.
2.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
3.The Tahsildar, Kamuthi Taluk, Ramanathapuram District.
4.The Village Administrative Officer, Melaramanathi Group, Ramanathapuram District.
+1 CC to Mr.Y. PRAKASH, Advocate ( SR-18615[F] dated 01/10/2020 ) +1 CC to SPL GP ( SR-19034[F] dated 05/10/2020 ) W.P.(MD) No.13234 of 2020 30.09.2020 VB (08.10.2020) 3P 7C 3/3