P.Rengasamy, (60 Yrs0 v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 01.08.2016
CORAM
THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.13660 of 2016 P.Rengasamy ..Petitioner Vs 1.The District Collector, Dindigul, Dindigul District.
2.The District Revenue Officer, Dindigul, Dindigul District.
3.The Tahsildar, Athur Taluk Office, Dindigul, Dindigul District.
` ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to consider the Petitioner's representation dated 25.5.2016 and to take legal action in this regard.
For Petitioner : No appearance For Respondents : Mr.S.Kumar Addl.Govt.Pleader
ORDER
There is no representation on behalf of the Petitioner. Heard the learned Additional Government Pleader appearing on behalf of the Respondents.
2.No counter is filed on behalf of the Respondents. 3.According to the Petitioner, he is having a house in S.No.224/19 and near his house, there is a 'Children Welfare Home'. As per the Village Accounts, it is also situated in S.No.224/19. The aforesaid S.No.224/19 till today is mentioned in the revenue records as 10(1) Adangal and Patta.
4.The stand of the Petitioner is that on the basis of forged documents, Thavasi, Son of Sannasi, Arumugam, son of Alagar are illegally trying to obtain patta in their favour for the aforesaid house and Children Welfare Home. They also had voluntarily damaged the Petitioner's drinking water pipe and used the same in their favour. In substance, it is the plea of the Petitioner that they are involving in criminal activities and they are endeavoring to demolish his house and the Children Welfare Home. Hence the Petitioner has submitted a representation before the Respondents on 25.5.2016, but, the same has not been considered so far by them. Hence the Petitioner has come to this Court with the present Writ Petition.
5.Considering the fact that the Petitioner's representation, dated 25.5.2016 in the subject-matter in issue is pending with the Third Respondent/The Tahsildar, Athur Taluk Office, Dindigul, Dindigul District, without any disposal or progress, this Court, in the interest of justice, directs the Third Respondent to look into the representation of the Petitioner, dated 25.05.2016 within a period of one week from the date of receipt of a copy of this order. Thereafter, the Third Respondent is directed to dispose of the same in a free, fair, unbiased and dispassionate manner, on merits(of course after providing necessary opportunity to the Petitioner and others concerned, if any, by adhering to the principles of natural justice in true letter and spirit) within a period of three weeks thereafter.
It is open to the Petitioner to produce copies of all necessary/relevant documents before the Third Respondent/The Tahsildar, Athur Taluk Office, Dindigul, Dindigul District, and the Third Respondent in-turn shall take into consideration of the same at the time of disposal of the representation of the Petitioner, dated 25.5.2016. Further, it is open to the Third Respondent/The Tahsildar, Athur Taluk Office, Dindigul, Dindigul District to issue notice to one Thavasi, son of Sannasi and Arumugam, son of alagar, whose names were mentioned in the representation of the petitioner dated 25.5.2016. After hearing their remarks/objections, the Third Respondent is to pass necessary order in the subject-matter in issue, within the time determined above.
The Petitioner is directed to lend his assistance and co-operation in this regard, to the Third Respondent, in disposing of his representation, dated 25.05.2016, within the time adumbrated by this Court.
6.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar
To 1.The District Collector, Dindigul, Dindigul District.
2.The District Revenue Officer, Dindigul, Dindigul District.
3.The Tahsildar, Athur Taluk Office, Dindigul, Dindigul District.
+1cc to Mr.C.M.GANESAN,Advocate Sr.No.41755 +1cc to Spl.Government Pleader Sr.No. 41218 VSN AA/SKS-RR/08.08.2016/3p-6c W.P(MD)No.13660 of 2016 01.08.2016