Su.Shanmugam, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD). No.11570 of 2016 Su.Shanmugam ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The District Revenue Officer, Collector Office, Trichy District, Trichy.

3.The Revenue Divisional Officer, Musiri Taluk, Trichy District.

4.The Tahsildar, Thuraiyur Taluk, Trichy District.

... Respondents Prayer:-Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the Respondents 2 to 4 to consider the Petitioner's representation dated 03.03.2016 and pass an appropriate order on merits in accordance with law within the time stipulated by this Hon'ble court on strength of direction issued by this Hon'ble Court. For Petitioner :Mr.V.R.Venkatesan For Respondents :Mr.J.Gunaseelan Muthiah Government Advocate for RR-1 to 4

O R D E R

Heard both sides.

2. By consent, the main writ petition itself is taken up for final disposal. No counter is filed on behalf of the respondents.

3. It comes to be known that the petitioner along with his three brothers as early as on 03.03.2016 had addressed a representation dated 03.03.2016 (through RPAD) to the second

respondent/District Revenue Officer, Trichy District, praying for proportionate, separate patta, based on the judgment passed in W.A.No.1210 of 2001 dated 06.07.2006 (in respect of 3 acres and 15 cents in their enjoyment) and it appears that till date, the said representation is pending. In this connection, it is to be pertinently pointed out by this Court that on 07.03.2016, the third respondent/Revenue Divisional Officer, Musiri Taluk, Trichy District had addressed a communication to the fourth respondent/Tahsildar, Thuraiyur Taluk, Trichy District (marking copies to the petitioner and others) stating that the petition in original was enclosed and transmitted for taking necessary action at the end of Tahsildar's Office, Thuraiyur. In spite of the same, the said representation of the petitioner dated 03.03.2016 has not met with any positive response.

4. Considering the fact that there is no much headway in the subject matter in issue on the part of the concerned Revenue Authority/Authorities, at this stage, this Court, simpliciter, directs the fourth respondent/Tahsildar, Thuraiyur Taluk, Trichy District to immediately take up the original representation/petition of the petitioner and three others dated 03.03.2016 within a period of one week from the date of receipt of a copy of this order. The fourth respondent/ Tahsildar, Thuraiyur Taluk, Trichy District, is to pass a speaking order on merits (by affording opportunity to the petitioner and his three brothers and other concerned persons, if any, by following the principles of Natural Justice) within a period of six weeks thereafter.

The 4th respondent/ Tahsildar, Thuraiyur Taluk, Trichy District is also at liberty to call for necessary records/copies of documents from the petitioner and his three brothers, if situation so warrants and to proceed further and if such an request is made on the part of the 4th respondent/ Tahsildar, Thuraiyur Taluk, Trichy District, then, it is incumbent on the part of the petitioner and others to submit the relevant copies of records/documents so as to facilitate the fourth respondent to do the needful within the time stipulated by this Court. It is needless for this Court to make a relevant mention that the petitioner and his brothers should render their assistance and co-operation to the fourth respondent in regard to the disposal of the representation of the petitioner dated 03.03.2016.

5. With the aforesaid observations and direction, the writ petition stands disposed of. No costs.

Sd/ Assistant Registrar(Records) /True copy/ Sub Assistant Registrar

To 1.The District Collector, Trichy District, Trichy.

2.The District Revenue Officer, Collector Office, Trichy District, Trichy.

3.The Revenue Divisional Officer, Musiri Taluk, Trichy District.

4.The Tahsildar, Thuraiyur Taluk, Trichy District.

+1cc to Mr.V.R.Venkatesan, Advocate in SR.No.33800 +1cc to Special Government Pleader in SR.no.33918 SDR/GSV-PM/06.07.2016/3P/7C Writ Petition (MD).No.11570 of 2016 29.06.2016