Kamaraj v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN Kamaraj ... Petitioner Vs.
1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The District Revenue Officer, Ramanathapuram District.
3.The Revenue Divisional Officer, Revenue Divisional Office, Paramakudi, Ramanathapuram District.
4.The Tahsildar, Kadaladi Taluk Office, Ramanathapuram District.
5.The Managing Director, M/s. Indian Power Project Ltd., 199, Sun Plaza Complex 1st Floor, G.N.Chetty Road, Chennai - 6.
6.Ramanathan.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 1st respondent to consider the petitioner's representation dated 09.08.2019 to not to change the patta from the vendors name. For Petitioner : Mr.P.Muthusamy For respondents : Mr.K.P.Krishnadoss Special Government Pleader for RR1 to 4
ORDER
The petitioner has come forward with this Writ Petition, seeking a direction to the first respondent to consider his representation dated 09.08.2019.
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2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.Mr.K.P.Krishnadoss, learned Special Government Pleader accepts notice on behalf of the respondents 1 to 4. Since no adverse order is going to be passed in this Writ Petition against R5 and R6, notice to them is dispensed with.
4.According to the petitioner, respondents 5 and 6 are trying to grab the land that belongs to the petitioner and that the sixth respondent is trying to change the patta in his name. The petitioner had instituted a suit in O.S.No.14 of 2018 before the District Munsif Court, Mudukulathur against the respondents 5 and 6 and the same is pending. Now, he has come forward with this Writ Petition seeking a direction to the first respondents to consider his representation dated 09.08.2019 to not to change the patta from the vendors name.
5.Since the petitioner has already instituted a suit in O.S.No.14 of 2018, which is now pending before the District Munsif Court, Mudukulathur, the relief sought for by the petitioner cannot be granted. Accordingly, the writ petition is dismissed. However, the District Munsif Court, Mudukulathur is expected to take up the matter on day-today basis and conclude the same without adjourning beyond 15 working days at any point of time.
6.Accordingly, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Collector, Ramanathapuram District, Ramanathapuram.
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2.The District Revenue Officer, Ramanathapuram District.
3.The Revenue Divisional Officer, Revenue Divisional Office, Paramakudi, Ramanathapuram District.
4.The Tahsildar, Kadaladi Taluk Office, Ramanathapuram District.
5.The District Munsif, Mudukulathur.
+1 CC to SPL GP ( SR-22062[F] dated 18/11/2020 ) Order made in W.P.(MD)No.16049 of 2020 11.11.2020 VB (28.12.2020) 3P 7C 3/3