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Madras High CourtWP(MD)/23490/2017disposed of

Shri Annapoorani Dharma v. The District Collector

2017-12-20Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.23490 of 2017 SHRI ANNAPOORANI DHARMA CHATHIRAM & VETHAPAADASALAI ARAKKATTALAI, THROUGH ITS MANAGING TRUSTEE R.KANNAN, D.NO.123, SANNATHI ST., THIRUCHOTUTHURAI VILLAGE, THANJAVUR DISTRICT.

... Petitioner -vs1. THE DISTRICT COLLECTOR, OFFICE OF DISTRICT COLLECTOR, THIRUCHIRAPPALLI ROAD, THANJAVUR.

2. THE DISTRICT REVENUE OFFICER, OFFICE OF DISTRICT COLLECTOR, THIRUCHIRAPALLI ROAD, THANJAVUR.

3. THE REVENUE DIVISIONAL OFFICER, NEAR MANIMANDAPAM, THANJAVUR.

4. THE THASILDHAR, KUMBAKONAM ROAD, THANJAVUR.

5. THE VILLAGE ADMINISTRATIVE OFFICER, THIRUCHOTRUTHURAI, THIRUVAIYAARU TALUK, THANJAVUR DISTRICT.

... 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 to conduct enquiry and take necessary action by considering the representation given by the petitioner dated 12.12.2017 within a time stipulated by this Honble Court. For Petitioner : Mr.N.Ga.Natraj For Respondents : Mr.M.Alagathevan Spl. Govt. Pleader *****

O R D E R

This writ petition has been filed, seeking a direction to the respondents to conduct enquiry and take necessary action by considering the representation given by the petitioner dated 12.12.2017.

2. Mr.M.Alagathevan, learned Special Government Pleader takes notice for the respondents. 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 after the demise of his mother, who was the previous Managing Trustee, his son was appointed as the Managing Trustee, representing the petitioner-Trust as of now and he, on verification of records, found that patta was granted to some third parties in respect of certain properties belonging to the Trust. Therefore, the Managing Trustee, while sending a legal notice dated 01.12.2017, submitted a representation dated 12.12.2017 to the respondents for taking necessary action for the grant of illegal pattas to third parties. Since there was no action taken on his representation, the petitioner is before this Court with the above prayer.

4. The learned Special Government Pleader would submit that if reasonable time is granted to the respondents, 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 to pass appropriate orders on the representation of the petitioner 12.12.2017 on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and other interested parties, if any.

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

Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar TO:

1. THE DISTRICT COLLECTOR, OFFICE OF DISTRICT COLLECTOR, THIRUCHIRAPPALLI ROAD, THANJAVUR.

2. THE DISTRICT REVENUE OFFICER, OFFICE OF DISTRICT COLLECTOR, THIRUCHIRAPALLI ROAD, THANJAVUR.

3. THE REVENUE DIVISIONAL OFFICER, NEAR MANIMANDAPAM, THANJAVUR.

4. THE THASILDHAR, KUMBAKONAM ROAD, THANJAVUR.

5. THE VILLAGE ADMINISTRATIVE OFFICER, THIRUCHOTRUTHURAI, THIRUVAIYAARU TALUK, THANJAVUR DISTRICT.

+1cc to Mr.N.GANAGASAPAPATHY,Advocate,SR. 94028 +1cc to M/S.Special Government Pleader,SR. 94829 W.P(MD)No.23490 of 2017 20.12.2017 AR KK/SKN RSK/SAR 2/08.01.2018/ 3P- 8C/