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Madras High CourtWP(MD)/17877/2019disposed of

Sirajudin v. The District Collector

2019-08-16Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Sirajudin ... Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram- 623 503.

2.The District Revenue Officer, Ramanathapuram District, Ramanathapuram-623 503.

3.The Revenue Divisional Officer, Revenue Divisional Office, Ramanathapuram District, Ramanathapuram-623 501.

4.The Tahsildar, Taluk Office, Ramanathapuram-623 501.

5.V.Bose 6.R.Dinakaran 7.K.Angusami ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents 1 to 4 herein to consider the petitioner's representations dated 19.06.2019, 01.07.2019 and 18.07.2019.

For Petitioner : Mr.K.Dhananjayan For R1 to R4 : Mr.B.Bhagavathi Government Advocate 1/3

O R D E R

This petition has been filed seeking direction to the respondents 1 to 4 to consider the petitioner's representations dated 19.06.2019, 01.07.2019 and 18.07.2019.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the official respondents. Considering the nature of order going to be passed in this petition, notice to the private respondents herein is dispensed with.

3. According to the petitioner, the petitioner and three others are the owners of the lands in Survey No.57/5 to an extent of 7 acres 43 cents, in Survey No.60/4 to an extent of 2 acres 70 cents and in Survey No.60/3 to an extent of 1 acre 57 cents in total to an extent of 11 acres 70 cents. One Haja Najamudin prepared forged documents in respect of the properties in question and sold the same to the respondents 5 to 7. In respect of the same, a criminal case is pending in C.C.No.43 of 2013 before the Judicial Magistrate Court II, Ramanathapuram. Subsequently, the petitioner also filed a suit seeking to set aside the above said forged documents in O.S.No.59 of 2007 before the District Munsif Court, Ramanathapuram and the said suit was also decreed in his favour. Thereafter, the petitioner filed an application to transfer the patta and the same is still pending for a long time without any consideration. In this circumstances, the petitioner has filed the present petition.

4. Considering the facts and circumstances of the case, without going into the merits of the matter, the fourth respondent is directed to consider the the petitioner's representations dated 19.06.2019, 01.07.2019 and 18.07.2019 and pass suitable orders on merits and in accordance with law after issuing notice to the petitioner as well as the respondents 5 to 7 as expeditiously as possible.

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

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) 2/3

To 1.The District Collector, Ramanathapuram District, Ramanathapuram- 623 503.

2.The District Revenue Officer, Ramanathapuram District, Ramanathapuram-623 503.

3.The Revenue Divisional Officer, Revenue Divisional Office, Ramanathapuram District, Ramanathapuram-623 501.

4.The Tahsildar, Taluk Office, Ramanathapuram-623 501.

+1 CC to M/s.K.DHANANJEYAN, Advocate ( SR-82035[F] dated 16/08/2019 ) +1 CC to M/s.SPL GP ( SR-82187[F] dated 19/08/2019 ) 16.08.2019 ta JMN(17.09.2019) 3P : 6C 3/3