N.Suresh, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.19907 of 2017 N.Suresh .. Petitioner Vs.
1. The District Collector, Collector Office, Madurai.
2. The Revenue Divisional Officer, RDO Office - at Othakadai,
3. The Thasildar, Melur Taluk, 4.P.Kaviarasan 5.P.Anbarasan .. 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 to 3 to consider the representation of the petitioner dated 18.09.2017 in respect of lands in S.No.24/3, 24/6, 24/A1, 24/7A2, and 24/3, Sathamangalam village, Melur Taluk, Madurai District measuring 4.27 acres. For Petitioner : Mr.S.Manohar For Respondent : Mr.J.Gunaseelan Muthiah, Government Advocate for R.1 to R.3 *****
ORDER
By consent, this writ petition itself is taken up for final disposal.
2.Mr.J.Gunaseelan Muthiah, learned Government Advocate
takes notice for the respondents 1 to 3. Notice to the respondents 4 & 5 is dispensed with, as no adverse order is going to be passed and opportunity of hearing will be given by the authorities, at the time of taking a decision.
3.According to the petitioner, the subject mentioned property belongs to his father and the petitioner was in abroad for some time. After the demise of his father, some third parties, viz., the respondents 4 & 5, creating some forged documents, are enjoying the possession and the revenue records are also mutated in their favour. When the petitioner came to know about this development, he submitted several representations before the respondents seeking patta in his name, but the same is kept pending, without any action. Aggrieved thereby, the petitioner is before this Court.
4.The learned counsel for the petitioner would submit that it would be suffice, if the representation of the petitioner dated 18.09.2017, is disposed of, by the respondents 1 to 3, as per law, within a stipulated time limit.
5.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the respondents 1 to 3 to consider the representation of the petitioner dated 18.09.2017 and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner and respondents 4 & 5 as well as all the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.
6.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Collector Office, Madurai.
2. The Revenue Divisional Officer, RDO Office - at Othakadai,
3. The Thasildar, Melur Taluk, + 1 cc TO Mr.S.Manohar , Advocate in SR No. 84503 + 1 cc TO The Special Government Pleader in SR No. 84552 gk AE/MR KKR/SAR2/23.11.2017/3P/6C ORDER MADE IN W.P(MD)No.19907 of 2017 30.10.2017