Madras High CourtWP(MD)/14030/2020disposed of

S.A.Stephen Pattangattiar v. The District Collector,

2020-10-09Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2020

CORAM:

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE W.P.(MD )No.14030 of S.A.Stephan Pattangattiar ... Petitioner Vs.

1) The District Collector, Collectorate Complex, Tuticorin District, Tuticorin.

2) The Revenue Divisional Officer, Thiruchendur, Tuticorin District.

3) The Tahsildar, Thiruchendur, Tuticorin District.

4) The Commissioner, Municipal Office, Kayalpattinam, Tuticorin District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 25.07.2020 within a period stipulated by this Court. For Petitioner : Mr.V.Muniasamy For Respondents : Mr.C.Ramesh, Special Government Pleader.

O R D E R

Mr.C.Ramesh, learned Special Government Pleader accepts notice for the respondents. By consent of both sides, this writ petition is taken up for final disposal at the stage of admission itself.

2. This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to consider the petitioner's representation, dated 25.07.2020 within a period to be stipulated by this Court.

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3. The petitioner claims to be the Manager of "Saint Estove Swamy Koil" situated in Kayalpattinam Municipality, Thiruchendur Taluk. In his affidavit, he has stated that, he had sought for a similar relief in W.P.(MD) No.18106 of 2019. In that writ petition, by order, dated 17.07.2020, this Court had dismissed the writ petition but however granted liberty to the petitioner to make a fresh representation to the first respondent / District Collectorate, Tuticorin District seeking for change of the name of the village from Kombuthurai to Kadayakudi. According to him, as per revenue records, 'Kadayakudi' is the correct name and not 'Kombuthurai'.

4. According to the learned counsel for the petitioner, in compliance with the order, dated 17.07.2020 made in W.P.(MD) No.18106 of 2019, the petitioner gave a fresh representation on 25.07.2020 to the first respondent seeking for change of name of the village from 'Kombuthurai' to 'Kadayakudi'. According to him, from time immemorial, the name of the village is only 'Kadayakudi' and not 'Kombuthurai'. Therefore, the said name will have to be retained but without any Authority and without changing the revenue records, the new name 'Kombuthurai' has been given to the said village. According to the petitioner, despite the representation given by the petitioner, on 25.07.2020, till date, the first respondent has not considered the representation on merits.

5. No prejudice will be caused to the respondents, if the representation given by the petitioner is considered by them on merits and in accordance with law after hearing the necessary parties. Therefore, this Court directs the first respondent to consider the representation, dated 25.07.2020 of the petitioner seeking for changing the name of the village from 'Kombuthurai' to 'Kadayakudi' after hearing all the necessary parties and pass final orders within a period of eight weeks from the date of receipt of a copy of this order.

5. With the aforesaid directions, this writ petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) sts 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. To:

1) The District Collector, Collectorate Complex, Tuticorin District, Tuticorin.

2) The Revenue Divisional Officer, Thiruchendur, Tuticorin District.

3) The Tahsildar, Thiruchendur, Tuticorin District.

4) The Commissioner, Municipal Office, Kayalpattinam,Tuticorin District.

+1 CC to Mr.V.MUNIASAMY, Advocate ( SR-19538[F] dated 09/10/2020 ) +1 CC to the SPL GP ( SR-19774[F] dated 12/10/2020 ) W.P.(MD)No.14030 of 2020 CK(CO) CS(03.11.2020) 3P 7C 3/3