Raman V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2023

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH V.Raman ... Petitioner Vs

1. The District Collector, O/o. District Collectorate, Tirunelveli - 627 009.

2. The District Revenue Officer, O/o.District Revenue Office, Cheranmahadevi Revenue Taluk, Tirunelveli District.

3. The Special Tahsildar, O/o. Special Tahsildar, Cheranmahadevi Taluk, Tirunelveli District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents No.1 to 3 to consider petitioner representation, dated 19.01.2021, within a time frame as fixed by this Court. 1/5

For Petitioner : Mr. Karuppaiah. S For Respondents : Mr.B.Saravanan Additional Government Pleader

O R D E R

This Writ Petition has been filed for the issue of writ of mandamus, directing the respondents 1 to 3 to act upon the representation, dated 19.01.2021.

2.Heard, the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3.The case of the petitioner is that the property in S.No. 1628/1D1 was allotted in favour of his grandfather. His grandfather died in the year 1957. Thereafter, the property was inherited by the petitioner and his brother. Since they were not able to cultivate the land, it was continuing as a dry land.

4.The learned counsel further submitted that the petitioner approached the second respondent for issuance of patta in his favour. At 2/5

that point of time, the petitioner was informed that patta was changed in the name of one Krishna konar. According to the petitioner, the subject land is a Panchami land and it cannot be sold to Krishna konar. Therefore, the tranfer of patta in the name of Krishna konar is illegal. On ascertaining the above fact, the petitioner made representation before the second respondent to carry out correction in the patta and grant patta in the name of the petitioner. The second respondent directed the petitioner to produce certain documents and the petitioner also submitted the documents. Thereafter, there was no progress on the side of the second respondent, inspite of several representations made by the petitioner. Under these circumstances, the present writ petition has been filed before this Court.

5.The learned Additional Government Pleader appearing on behalf of the respondents submitted that the representation made by the petitioner has been considered and that the third respondent will respond to the representation within the time limit stipulated by this Court. A draft counter that was prepared by the third respondent was also placed before this Court in this regard.

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6.Taking into consideration the facts and circumstances of the case and the limited relief sought for by the petitioner, there shall be a direction to the third respondent to respond to the representation made by the petitioner on 19.01.2021, within a period four weeks from the date of receipt of copy of this order.

7.This writ petition stands disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 16.11.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No PNM To

1. The District Collector, Theni District Theni.

2. The Commissioner, Periyakulam Municipality, Periyakulam, Theni District.

3. The Tahsildar, Periyakulam Taluk, Theni District.

4. The Block Development Officer, Periyakulam Panchayat Union, Theni District.

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N.ANAND VENKATESH, J.

PNM ORDER IN 16.11.2023 5/5