K.P.Jeyapaul Asan v. The Principal Secretary /

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.21975 of 2017 K.P.Jeyapaul Asan ... Petitioner Vs.

1.The Principal Secretary, Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

2.The District Collector, Kanyakumari District, Nagercoil.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 2nd respondent to implement the order of the 1st respondent in K4/5667/2017 dated 31.03.2017 within the time framed by this Court.

For Petitioner : Mr.C.Sankar Prakash For Respondents : Mr.M.Alagathevan, Special Government Pleader

ORDER

This writ petition has been filed, seeking a Writ of Mandamus directing the 2nd respondent to implement the order of the 1st respondent in K4/5667/2017 dated 31.03.2017 within the time framed by this Court.

2.Heard both sides.

3.By consent, the writ petition is taken up for final disposal at the stage of admission itself.

4.Alleging that the petitioner's uncle family by creating forged documents had sold his share of the properties, to some third parties, he sent a representation to the concerned authorities, who in turn, rejected his claim and an appeal was filed before the first respondent. Despite, the first respondent passed orders, the second respondent has not taken any steps. Hence, the petitioner is before this Court, seeking a direction to the second respondent to implement the orders passed by the first respondent.

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5.The learned Special Government Pleader appearing for the respondents, on instructions, submitted that orders of the first respondent would be complied with, within the time stipulated by this Court.

6.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the petitioner to produce all the necessary documents before the second respondent within a period of two weeks from the date of receipt of a copy of this order and upon such production the second respondent is directed to consider the claim of the petitioner and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of six weeks therefrom.

7. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary, Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

2.The District Collector, Kanyakumari District, Nagercoil.

+1cc to M/S.C.Sankarprakash, Advocate SR.No. 90095 +1cc to Special Government Pleader, SR.No. 90531 ORDER MADE IN W.P(MD)No.21975 of 2017 29.11.2017 dsk JM/SV MMS/SAR 1/18.12.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/