R.Arumugam v. The Dist. Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR R.Arumugam ... Petitioner /Vs./ 1.The District Collector, Collectorate Complex, Thiruchirappalli District, Thiruchirappalli.
2.The District Revenue Officer, Collectorate Complex, Thiruchirappalli, Thiruchirappalli District.
3.The District Backward and Minority Welfare Officer, Collectorate Complex, Thiruchirappalli, Thiruchirappalli District.
4.The Revenue Divisional Officer, Vannarkoil, Thiruchirappalli , Thiruchirappalli District.
5.The Thasildar, Taluk Office, Manapparai, Thiruchirappalli District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to issue Free House Site Patta to the petitioner. For Petitioner : Mr.R.Murugappan For Respondents : Mr.K.Mu.Muthu Additional Government Pleader
ORDER
Mr.R.Murugappan, learned counsel on record for writ petitioner 1/3
is before this Court.
2. Mr.K.Mu.Muthu, learned Additional Government Pleader, accepts notice on behalf of all five (5) respondents.
3. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.
4. The main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 26.02.2018 wherein writ petitioner has sought free house site patta.
5. Notwithstanding several averments made in the affidavit filed in support of the writ petition, notwithstanding several grounds raised / contentions urged in the affidavit filed in support of instant writ petition, learned counsel for writ petitioner abridges the scope of the writ petition and submits that it will suffice if the first respondent is directed to dispose of the aforementioned representation of the writ petitioner, dated 26.02.2018, details of which have been alluded to supra.
6. Learned State counsel submitted that the first respondent is the authority who shall consider the aforementioned representation dated 26.02.2018 made by the writ petitioner (page No.4 of the typed set of papers forming part of the case file).
7. The aforesaid representation dated 26.02.2018 shall be disposed of by the first respondent on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight (8) weeks from the date of receipt of a copy of this order.
8. It is made clear that in the course of the representation being considered by the first respondent, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the first respondent shall give reasonable opportunity to such third party / parties or any other third party entity / entities, before disposing of the aforementioned writ petitioner's representation. Though obvious, it is made clear that this Court has not expressed any opinion or view on the merits of the matter.
9. The proceeding / order of disposal shall be communicated by the office of the first respondent to the writ petitioner under due acknowledgement within seven (7) working days from the completion of aforesaid exercise.
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10. Instant Writ Petition is disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) sm To 1.The District Collector, Collectorate Complex, Thiruchirappalli District, Thiruchirappalli.
2.The District Revenue Officer, Collectorate Complex, Thiruchirappalli, Thiruchirappalli District.
3.The District Backward and Minority Welfare Officer, Collectorate Complex, Thiruchirappalli, Thiruchirappalli District.
4.The Revenue Divisional Officer, Vannarkoil, Thiruchirappalli , Thiruchirappalli District.
5.The Thasildar, Taluk Office, Manapparai, Thiruchirappalli District.
+1 CC to M/s.R.MURUGAPPAN, Advocate ( SR-87007[F] dated 17/09/2019 ) +1 CC to M/s.SPL GP ( SR-87231[F] dated 17/09/2019 ) Order made in Dated:
16.09.2019 KM/(26.09.2019) 3P 8C 3/3