R.Palanichamy, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.05.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.(MD)No. 9791 of 2017 and W.M.P(MD)No.7501 of 2017 R.Palanichamy ... Petitioner Vs.

1. The District Collector, Theni District, Theni.

2. The Revenue Divisional Officer, Periyakulam, Theni District.

3. The Thasildar, Andipatti Taluk, Theni District.

4. Murugesan, Village Administrative Officer, Balakombai, Andipatti Taluk, Theni District.

5. Subburaj, Thalayari, Balakombai, Andipatti Taluk, Theni District.

6. Raja ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 04.05.2017 to conduct an enquiry in regard to issuance of unlawful joint patta issued in favour of the 6th respondent in Joint Patta No.312 in respect of the lands in S.No.79/6 of Ramakrishnapuram Village, Aandipatti Taluk, Theni District and cancel the same and

consequently direct the 2nd respondent to take appropriate action against the 4th and 5th respondents on their unlawful activities. For Petitioner : Mr.S.Sukumar For Respondents 1 to 5 : Mrs.S.Bharathi, Government Advocate

O R D E R

Mrs.S.Bharathi, learned Government Advocate takes notice for the respondents 1 to 5.

2.By consent of parties, the main Writ Petition itself is taken up for final disposal.

3.The petitioner filed this Writ Petition, seeking to issue a Writ of to Mandamus, directing the 2nd respondent to conduct an enquiry with regard to the issuance of unlawful joint patta in favour of the 6th respondent in Joint Patta No.312 in respect of the lands in T.S.No.79/6 of Ramakrishnapuram Village, Aandipatti Taluk, Theni District and cancel the same and consequently direct the 2nd respondent to take appropriate action against the 4th and 5th respondents on their unlawful activities. To that effect, he made a representation dated 04.05.2017, which, according to the petitioner, has not been considered so far.

4. Therefore, without expressing any view on the merits of the matter, this Court directs the 2nd Respondent, to consider the above said representation of the petitioner, dated 04.05.2017 and pass orders on the same, on merits and in accordance with law, also after giving personal opportunity to the petitioner and the rival claimants if any, within a period of two weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar

To

1. The District Collector, Theni District, Theni.

2. The Revenue Divisional Officer, Periyakulam, Theni District.

3. The Thasildar, Andipatti Taluk, Theni District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 57756 + 1 CC TO Mr.S.SUKUMAR, ADVOCATE IN SR No. 57821 GK/CMR TE/MR/SAR-IV : 31/05/2017 : 3P/6C W.P.(MD)No. 9791 of 2017 and W.M.P(MD)No.7501 of 2017 25.05.2017