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Madras High CourtWP(MD)/17384/2020disposed of

A. Chandran v. The District Collector

2020-12-02Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.17384 of 2020 A.Chandran ... Petitioner Vs.

1.The District Collector, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, 4.The Tahsildar, Kalyarkovil Taluk, 5.Ramanathan ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 26.10.2020 and dispose of the same within the time fixed by this Court. For Petitioner : Mr.N.Tamilmani For Respondents 1 to 4 : Mr.P.Kannithevan Additional Government Pleader

ORDER

The petitioner has come forward with this Writ Petition, seeking a direction to the respondents to consider the representation of the petitioner dated 26.10.2020 and dispose of the same within the time fixed by this Court.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. Mr.P.Kannithevan, learned Additional Government Pleader accepts notice on behalf of the respondents 1 to 4. Since no adverse order is going to be passed against the fifth respondent, notice to the fifth respondent is dispensed with. 1/3

4. According to the petitioner, the property in Survey No.1/1 to an extent of 2.18 Acres situated at Palkulam Group, Kalaiyarkovil Taluik, Sivagangai District is the ancestral property of the petitioner. In the year of 1992, the above said 2.18 Acres land was given to the fifth respondent through assignment by the influence of the then V.A.O., namely, Jawahar. Later the said Jawahar purchased the same property in the name of his wife and later changed patta in his name after the death of his wife. When the petitioner came to know these facts in the year 2010, he approached the respondents to cancel the assignment. In this regard, enquiry is pending before the Revenue Divisional Officer from the year 2011. Thereafter, no steps were taken by the authorities. Hence, the petitioner sent a detailed representation dated 26.10.2020 to the respondents. However, the same has not been considered so far. In such circumstances, the petitioner has approached this Court.

5. This Court, without going into the merits of the case, directs the respondents, more particularly, the third respondent to consider the representation of the petitioner dated 26.10.2020 after affording opportunity to the petitioner as well as the fifth respondent and the interested parties and also the persons, who are likely to be affected. The decision shall be taken by the authorities within a period of four months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL 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, 2/3

2.The District Revenue Officer, 3.The Revenue Divisional Officer, 4.The Tahsildar, Kalyarkovil Taluk, +1 cc to Mr.N.TAMIL MANI ,Advocate, SR No.23821 +1cc to M/s.Special Government Pleader, SR No.24108 W.P.(MD)No.17384 of 2020 02.12.2020 PU(CO) KK(19.01.2021) 3P 7C 3/3