Madras High CourtWP(MD)/11960/2017disposed of

Karuppaiah v. The District Collector

2017-07-13Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD) No.11960 of 2017 Karuppaiah ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3.The Tahsildar, Srivilliputhur Taluk, Virudhunagar District.

4.The Zonal Deputy Tahsildar, Srivilliputhur Taluk, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 4th respondent to comply with the order passed by the 3rd respondent in his Ni.Mu.A6/8593/2017, dated 04.04.2017 including the petitioner's name in the Joint Patta in respect of land situated in Survey No.441/2, Survey No.519/1 and Survery No.519/2 Iron Karisalkulam Village, Srivilliputhu Taluk, Virudhunagar District. For Petitioner : Mr.K.Kulanthai Vikram For Respondents : Mr.G.Muthu Kannan Government Advocate

ORDER

The petitioner has come up with the writ petition for issuance of a Writ of Mandamus, directing the fourth respondent to comply with the order passed by the third respondent dated 04.04.2017.

2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

3. According to the petitioner, the land situated in Survey Nos.441/2, 519/1 and 519/2, Iron Karisalkulam Village, Srivilliputhu Taluk, Virudhunagar District is being used by all community people. In the year 1997-1998, the community of the petitioner has been deleted.

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4. The right of the petitioner has been declared by the competent civil court in O.S.No.85 of 1999 on the file of Additional District Munsif Court, Srivilliputhur, Virudhunagar District and the same was confirmed in A.S.No.40 of 2000 by the Sub Court, Srivilliputhur, Virudhunagar District. After disposal of the appeal, the petitioner approached the respondents to include the petitioner's community by submitting a representation dated 22.05.2017. Since no action was taken, the present writ petition has been filed.

5. Considering the above facts, without going into the merits of the case, this Court directs the fourth respondent to consider the representation dated 22.05.2017 on merits and in accordance with law, after providing opportunity to necessary parties, within a period of 12 weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3.The Tahsildar, Srivilliputhur Taluk, Virudhunagar District.

4.The Zonal Deputy Tahsildar, Srivilliputhur Taluk, Virudhunagar District.

+1cc to Mr.K.Kulanthai Vikram Advocate in SR. No.65386 +1cc to The Special Government Pleader in SR. NO.65659 GM/GSP JS/SV/SAR.1/27.7.2017/2P-7C W.P.(MD) No.11960 of 2017 13.07.2017 https://hcservices.ecourts.gov.in/hcservices/