S.K.L.Loganathan, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.11.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.20262 of 2017 S.K.L.Loganathan ... Petitioner Vs.
1. The District Collector, Office of the District Collector, Sivagangai Sivagangai District.
2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivagangai, Sivagangai District.
3. The Tahsildar, Kalaiyarkovil Taluk, Kalaiyarkovil, Sivagangai District.
4. The Village Administrative Officer, Somanathamangalam Village, Kalaiyarkovil Taluk, Kalaiyarkovil, Sivagangai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, directing the respondents 1 to 4 to take appropriate action in the 3rd respondent's file of the Proceedings Order in Pa.Mu.A5/13444/2015 dated 18.02.2016 consequently the 4th respondent to comply the said Proceedings Order in his Village Accounts. For Petitioner : Mr.R.Sundar For Respondents : Mr.T.S.Mohammed Mohideen, 1 to 4 Additional Government Pleader
ORDER
This writ petition has been filed, seeking a direction to the respondents to take appropriate action so as to implement the proceedings of the third respondent in Pa.Mu.No.A5/13444/2015 dated 18.02.2016.
2.Heard both side. By consent, the writ petition is taken up for final disposal at the stage of admission itself. 3.The learned counsel for the petitioner would submit that neither civil suit nor rival claim whatsoever is pending in respect of the property in question, which was purchased by the petitioner's grandfather. As such, the property has been in possession and enjoyment of petitioner and his ancestors. While so, the said property was wrongly mentioned as "Karpooravalliyendhal Kanmaai Government Puramboke" in the village record. On coming to know the same, in order to rectify the mistake, several representations have been sent and W.P(MD)No.5160 of 2015 came to be filed, wherein, this Court, directed the respondents therein to consider the representation of the petitioner and pass orders on merits, but, the request of the petitioner was not considered. Therefore, the petitioner on 09.08.2016 and 22.05.2017 sent representations to the respondents, but, no action has been taken on their representations. Hence, the petitioner is before this Court.
4.The learned Additional Government Pleader appearing for the respondents would submit that the representation of the petitioner would be considered in accordance with law within the time stipulated by this Court.
5.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner, dated 22.05.2017 and pass appropriate orders, on merits and in line with the proceedings of the third respondent dated 18.02.2016, after affording due opportunity of hearing to the petitioner 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. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To
1. The District Collector, Office of the District Collector, Sivagangai Sivagangai District.
2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivagangai, Sivagangai District.
3. The Tahsildar, Kalaiyarkovil Taluk, Kalaiyarkovil, Sivagangai District.
4. The Village Administrative Officer, Somanathamangalam Village, Kalaiyarkovil Taluk, Kalaiyarkovil, Sivagangai District.
+ 1 CC TO MR.R.Sundar, ADVOCATE IN SR No.85238 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.85370 dsk MK/SKN RSK/SAR-3/09.11.2017/3P/7C ORDER MADE IN W.P(MD)No.20262 of 2017 03.11.2017