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Madras High CourtWP(MD)/15820/2020disposed of

A.Rajendran v. The Secretary To Govt., (Rev. Dept).,

2020-11-10Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2020

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN A.Rajendran .. Petitioner Vs.

1. The Secretary to Government of Tamilnadu, (Revenue Department), Fort St.George, Chennai - 600 009.

2. The District Collector, Madurai District - 625 020.

3. The Revenue Divisional Officer, Melur Taluk, Madurai District - 625 106.

4. The Tahsildar, Melur Taluk, Madurai District - 625 106.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the second respondent to consider the petitioner's representation dated 26.03.2018.

For Petitioner : M/s.Thenmozhi Sivaperumal For Respondents : Mr.K.P.Krishnadoss Special Government Pleader ***

O R D E R

This Writ Petition is filed for issuance of a Writ of Mandamus to direct the second respondent to consider the petitioner's representation dated 26.03.2018.

2.Heard the learned Counsel appearing for the petitioner and Mr.K.P.Krishnadoss, learned Special Government Pleader, who took notice for the respondents.

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3.Since the first respondent is not at all a necessary party to the present Writ Petition, the Office is directed to delete the first respondent viz., The Secretary to Government (Revenue Department), Fort St. George, Chennai - 600 009, from this Writ Petition and make necessary amendments in the cause title. 4.The learned Counsel appearing for the petitioner submitted that the property measuring to an extent of 2 acres 5 cents in Survey No.160/1A situated at Ambalakaran Patti Village, Madurai District, is a self-acquired property of the petitioner's mother through Document No.379/1991. In the said property, the mother of the petitioner had planted saplings of plantain, coconut, mango and paddy. While so, one Mr.

Manian, S/o, Karuppiah, who doing real estate business, is giving trouble to the petitioner by asking pathway in the petitioner's patta land. In this regard, the petitioner made a representation to the second respondent herein on 26.03.2018 seeking to conduct an enquiry. Since no action has been taken by the second respondent, the petitioner has come forward with the present Writ Petition.

5.Considering the facts and circumstance of the case and without going into the merits of the matter, this Court is inclined to issue the following direction:

"The second respondent shall decide the issue after hearing the petitioner and other parties, who are likely to be affected, and pass appropriate orders in accordance with law within a period of 60 days from the date of receipt of a copy of this order, preferably on or before 11.01.2021. 6.The Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) SRM To

1. The Secretary to Government of Tamilnadu, (Revenue Department), Fort St.George, Chennai - 600 009.

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2. The District Collector, Madurai District - 625 020.

3. The Revenue Divisional Officer, Melur Taluk, Madurai District - 625 106.

4. The Tahsildar, Melur Taluk, Madurai District - 625 106.

+1 CC to the SPL GP ( SR-21909[F] dated 11/11/2020 ) ORDER MADE IN 10.11.2020 NS(CO) CS(08.12.2020) 3P 6C 3/3