P.K.Periyakaruppathevar, v. The Tahsildar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.20884 of 2017 P.K.Periyakaruppathevar ... Petitioner -vs1.
The Tahsildar, Thirumangalam Taluk, Thirumangalam, Madurai District.
2.
V.Irulappan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent herein to consider the petitioner's representations dated 03.10.2017 and 11.10.2017 and pass appropriate orders to remove the 2nd respondent's name from Patta No.596 pertaining to Survey No.65/2, Kallanai Village, Thirumangalam Taluk, Madurai District within a time stipulated by this Hon'ble Court.
For Petitioner : Mr.V.Meenakshisundaram For R1 : Mr.M.Alagathevan Spl. Govt. Pleader For R2 : No Appearance *****
O R D E R
This writ petition has been filed, seeking to direct the 1st respondent herein to consider the petitioner's representations dated 03.10.2017 and 11.10.2017 and pass appropriate orders to remove the 2nd respondent name from Patta No.596 pertaining to Survey No.65/2, Kallanai Village, Thirumangalam Taluk, Madurai District.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for R1. By consent, this writ petition is taken up for final disposal. Despite notice to R2 and his name also printed in the cause list, none appeared on behalf of R2.
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3. The case of the petitioner is that he has submitted a representation dated 03.10.2017 followed by a reminder dated 11.10.2017 to the 1st respondent for removal of the name of the 2nd respondent from Patta No.596 on the basis of the Civil Court Judgment and Decree. Since the said representations have not been considered so far, the petitioner is before this Court with the above prayer.
4. The learned Special Government Pleader appearing for R1 would submit that if a reasonable time is granted to the 1st respondent, the representations of the petitioner will be considered and suitable orders be passed thereon.
5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the 1st respondent to consider the representations of the petitioner dated 03.10.2017 followed by the reminder dated 11.10.2017 and pass suitable orders thereon on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and other interested parties, if any, in line with the judgment and decree passed in O.S.Nos.944 of 1990 and 550 of 2013.
6. With the above direction, this petition is disposed of. No costs.
Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To:
The Tahsildar, Thirumangalam Taluk, Thirumangalam, Madurai District.
+ 1 cc TO Mr.D.Nallathambi , Advocate in SR No. 90152 ar AE/MR KKR/SAR1/19.12.2017/2P/3C W.P(MD)No.20884 of 2017 28.11.2017 https://hcservices.ecourts.gov.in/hcservices/