V.K.Abdul Rahuman v. The Special Sub Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.12556 of 2017 V.K.Abdul Rahuman .. Petitioner Vs.

1.The Special Sub Collector, Revenue Court, Collectorate Complex, Madurai, Madurai District.

2.The Thasildar, Madurai East Taluk, Y.Othakadai.

[Cause title amended as per order dated 19.07.2017 made in W.M.P(MD)No.10185 of 2017].

3.The Executive Officer, Kalamegaperumal Temple, Thirumogur, Madurai.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's representation dated 10.03.2017 to enter the name of the petitioner as cultivating tenant on the records of the 1st respondent for the Nanja land in S.No.7/1 & 20/10 of Panaikulam Village, Madurai North, Mdurai within a time frame as stipulated by this Court.

For Petitioner : Mr.V.Perumal For Respondents : Mr.J.Gunaseelan Muthiah (for RR 1 & 2) Government Advocate Mr.S.Manohar (for R3)

ORDER

This writ petition has been filed by the petitioner to issue a writ of Mandamus directing the first and second respondents to consider the petitioner's representation dated 10.03.2017 and pass orders to enter the name of the petitioner as

cultivating tenant in the records of the first respondent. 2.Heard both sides.

3.The petitioner is the cultivating tenant of the land belonging to the third respondent temple. He made an application to the District Collector for entering his name as cultivating tenant in the records of tenancy, which was returned with a direction to approach the first and second respondent. After receiving the copy of the order of the District Collector, the first and second respondents kept the application of the petitioner, pending so far. Hence, the petitioner has come up with this present Writ Petition.

4.Today, when the matter is taken up for hearing, the learned counsel for the petitioner would submit that now the petitioner has submitted a representation dated 14.07.2017 to the respondents for the aforesaid relief and it would be suffice, if the representation of the petitioner dated 14.07.2017, is disposed of by the second respondent as per law.

5.The learned Government Advocate appearing for the respondents 1 and 2 would submit that the respondents 1 and 2 have received the said representation on 17.07.2017 and necessary orders will be passed in the said representation. 6.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the second respondent to consider the representation of the petitioner dated 14.07.2017, and pass appropriate orders on its own merit and in accordance with law, after issuing notice to both parties well in advance and also after affording due opportunity of hearing to the petitioner as well as the third respondent, within a period of four weeks from the date of receipt of a copy of this order.

7.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(P&A) /True copy/ sub Assistant Registrar To 1.The Special Sub Collector, Revenue Court, Collectorate Complex, Madurai, Madurai District.

2.The Thasildar, Madurai East Taluk,Y.Othakadai, Madurai District.

+1cc to Mr.S.Manohar,Advocate,SR.66489 +1cc to Mr.V.Perumal,Advocate,SR.66321 W.P(MD)No.12556 of 2017 19.07.2017 TA/SMN KK/KP/SAR2-01.08.2017-3P-5C