Nithiyanantham v. The Assistant Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.(MD)No.13883 of 2024 Nithiyanantham ... Petitioner /Vs./ Palani, Dindigul District.

.. Respondent P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to consider the petitioners representation dated 29.04.2024 for withdrawing the objections dated 11.03.2016 made by him before the 2nd respondent from registering any kind of documents for an extent of 4 acres 66 1/4 cents of lands in Survey nos. 585/2 and 585/4 situated at Pottampatti Kanakkanpatti Village, communicate the same to the second respondent and further direct the second respondent to make necessary endorsement in this regard in the encumbrance certificate for the above survey numbers.

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W.P.(MD)No.14014 of 2024 Eswari ... Petitioner /Vs./ Palani, Dindigul District.

.. Respondent P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 23.05.2024 for withdrawing the objections dated 11.03.2016 made by his before the 2nd respondent from registering any kind of documents for an extent of 4 acres 47 1/4 cents of lands in Survey Nos. 585/1 585/3 585/5 situated at Pottampatti Kanakkanpatti village communicate the same to the second respondent and further direct the second respondent to make necessary endorsement in this regard in the encumbrance certificate for the above survey numbers.

(In both W.Ps) For Petitioner : Mr.D.Venkatesh For Respondents : Mr.D.Gandhi Raj Special Government Pleader for R1 : Mr.M.Sarangan Additional Government Pleader for R2 2/4

COMMON ORDER These writ petitions have been filed seeking for a mandamus to direct the first respondent to consider the petitioners' representation dated 29.04.2024 and 23.05.2024 respectively.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. Without expressing any opinion on merits of the writ petitions, the first respondent is directed to consider the representation submitted by the petitioners, dated 29.04.2024 and 23.05.2024 respectively and pass orders on merits and in accordance with law, after giving an opportunity to the petitioners, within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above directions, these writ petitions stand disposed of. No costs.

27.11.2024 Internet : Yes/No Index : Yes/No LS 3/4

G.K.ILANTHIRAIYAN , J.

LS TO:- Palani, Dindigul District.

Order made in W.P.(MD)Nos.13883 & 14014 of Dated:

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