M.Kannan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.18991 of 2017 M.Kannan ... Petitioner vs.

1.The District Collector, Sivagangai, Sivagangai District.

2.The District Revenue Officer, Sivagangai, Sivagangai District.

3.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

4.The Tahsildar, Sivagangai, Sivagangai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to consider the representation made by the petitioner dated 07.01.2017 relating to conduct enquiry pursuant to the order passed by the 2nd respondent in his proceedings in Na.Ka.Pi4/15508/2013 dated 06.05.2014.

For Petitioner : Mr.S.Mohamed Kadhar For Respondents : Mr.M.Alagathevan Special Government Pleader

O R D E R

This writ petition has been filed seeking a direction to the first respondent to consider the representation of the petitioner dated 07.01.2017 to conduct enquiry pursuant to the order passed by the second respondent in his proceedings in Na.Ka.Pi4/15508/2013 dated 06.05.2014.

2.The case of the petitioner is that he is the absolute owner of the property in S.F.No.1/16, Kayangulam Group 84, Kuttithinni Village, Thambanusilangulam Sub Division. Earlier, he made a representation to the second respondent to measure the said property and issue joint patta in the name of his family members. But, the https://hcservices.ecourts.gov.in/hcservices/

second respondent has issued the proceedings dated 06.05.2014 stating that the above mentioned property was taken over by the Government through Enam Abolition Act, 26/48 and patta has been issued to the third parties. Challenging the same, several proceedings have been initiated by the petitioner and since no fruitful result is forthcoming, the petitioner has made a representation dated 07.01.2017 to the first respondent to conduct enquiry pursuant to the order of the second respondent. Since the same has not been considered so far, the petitioner is before this Court with the above prayer.

3.Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

4.The learned Additional Government Pleader appearing for the respondents would submit that if a reasonable time is granted to the respondents, the representation of the petitioner will be considered and suitable orders will be passed.

5.Considering the facts and circumstances of the case, this Court, without going into the merits of the matter, directs the first respondent to consider the representation of the petitioner dated 07.01.2017 in line with the orders of the second respondent and pass appropriate orders thereon on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(A.E) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Sivagangai, Sivagangai District.

2.The District Revenue Officer, Sivagangai, Sivagangai District.

3.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

4.The Tahsildar, Sivagangai, Sivagangai District.

+1cc to M/s. S.MOHAMED KADHAR Advocate in SR. No. 82338 +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 82671 MJ JS/JC/SAR.1/01.11.2017/2P-7C W.P(MD) No.18991 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 11.10.2017