Madras High CourtWP(MD)/2053/2017disposed of

G.Kannan, v. The District Collector

2017-02-07Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 07.02.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.2053 of 2017 G.Kannan ..Petitioner Vs 1.The District Collector, Madurai.

2.The Revenue Divisional Officer, Usilampatti, Madurai District.

3.The Tahsildar, Thirumangalam Taluk, Madurai District.

4.The Block Development Officer, Thirali Village Panchayat, Thirumangalam Union Office, Thirumangalam Taluk, Madurai District.

5.The President, Thirali Village panchayat, Thirumangalam Taluk, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents to consider petitioner's representation dated 13.05.2016 consequently direct the respondents not to construct any illegal construction in the petitioner's patta land within a stipulated time to be fixed by this Hon'ble Court. For Petitioner : Mr.T.R.subramanian For Respondent : Mr.C.Selvaraj Spl. Government Pleader For R1 to R3 Mr.J.Gunaseelan Muthiah for RR-4 & 5

ORDER

The petitioner seeks for a direction to the respondents to consider his representation, dated 13.05.2016, wherein and whereby, he called upon the respondents to stop the constructions of a busstand in a property, which according to the petitioner, belongs to him and his wife.

2.The learned Special Government Pleader Mr.C.Selvaraj, who takes notice for the respondents 1 to 3 and the learned Government Advocate appearing for the respondents 4 & 5, submitted that there is no clarity with regard to the claim made by the petitioner in his representation in respect of the property, over which, he claims title.

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3.Needless to say that it is for the petitioner to produce materials and relevant documents before the respondents more particularly, the fourth respondent, who in turn has to consider and decide as to whether the petitioner's grievance has any bonafide or not.

4.Therefore, without expressing any view on the claim made by the petitioner, I only direct the fourth respondent to consider the representation of the petitioner, dated 13.05.2016 and pass orders on the same on merits and in accordance with Law, after hearing all the parties concerned, within a period of 12 weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar To 1.The District Collector, Madurai.

2.The Revenue Divisional Officer, Usilampatti, Madurai District.

3.The Tahsildar, Thirumangalam Taluk, Madurai District.

4.The Block Development Officer, Thirali Village Panchayat, Thirumangalam Union Office, Thirumangalam Taluk, Madurai District.

5.The President, Thirali Village panchayat, Thirumangalam Taluk, Madurai District.

+1 cc to MR.T.R.subramanian ADVOCATE, SR NO:6495 +1 cc to MR.T.Gunaseelan Muthiah, ADVOCATE, SR NO:6741 +1cc to M/S.THE SPECIAL GOVERNMENT PLEADER, SR NO: 6928 W.P(MD)No.2053 of 2017 07.02.2017 SVA/JM/28.02.2017/2P/9C https://hcservices.ecourts.gov.in/hcservices/