R.Arockiasamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.22821 of 2017 R.Arockiasamy ... Petitioner -vs1. The District Collector, Pudukkottai, Pudukkottai District.

2. The District Revenue Officer, Pudukkottai, Pudukkottai District.

3. The Revenue Divisional Officer, Illuppur, Pudukkottai District.

4. Paravathy

5. Alexander

6. Bhackalakshmi ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus, directing the respondents 1 to 3 to consider the representation of the petitioner dated 14.11.2017 for cancellation of the patta issued in favour of respondents 4 to 6 within the time stipulated by this Honble Court.

For Petitioner : Mr.G.Mathavan For R1 to R3 : Mr.T.S.Mohamed Mohideen Addl. Govt. Pleader

O R D E R

This writ petition has been filed, seeking a direction to the respondents 1 to 3 to consider the representation of the petitioner dated 14.11.2017 for cancellation of the patta issued in favour of respondents 4 to 6.

2. Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader takes notice for R1 to R3. Notice to R4 to R6 is dispensed with, as no adverse order is going to be passed in this petition against them. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that he had submitted a representation dated 14.11.2017 to the respondents 1 to 3 for cancellation of the patta granted to R4 to R6, as the authorities concerned, by classifying the water resources land as Vari https://hcservices.ecourts.gov.in/hcservices/

Poramboke (S.Nos.38/1 and 38/2), had granted the same to them. Since the said representation did not evoke any response so far, aggrieved by the same, the petitioner is before this Court with the above prayer.

4. The learned Special Government Pleader appearing for the respondents 1 to 3 would submit that if a reasonable time is granted to the respondents 1 to 3, the representation of the petitioner will be considered and appropriate orders be passed.

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 respondents 1 to 3 to consider the representation of the petitioner dated 14.11.2017 and pass necessary orders thereon on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner, R4 to R6 and other interested parties, if any.

6. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Pudukkottai, Pudukkottai District.

2. The District Revenue Officer, Pudukkottai, Pudukkottai District.

3. The Revenue Divisional Officer, Illuppur, Pudukkottai District.

+1cc to M/S.G.Mathavan, Advocate SR.No. 92501 +1cc to Special Government Pleader, SR.No. 93011 W.P(MD)No.22821 of 2017 13.12.2017 ar JM/SV MMS/SAR 1/15.12.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/