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Madras High CourtWP(MD)/18556/2024disposed of

K.Karuppusamy v. The District Collector

2024-08-14Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) No.15769 of 2024 1.K.Karuppusamy 2.M.Gunasekaran .. Petitioners Vs.

1.The District Collector, Pudukkottai Collector's Office, Pudukkottai District.

2.The District Revenue Officer, Pudukkottai, Pudukkottai District.

3.The Revenue Divisional Office, Alangudi, Pudukkottai District.

4.The Tahsildar, Alangudi Taluk Office, Alangudi, Pudukkottai District.

5.The Taluk Head Surveyor, Alangudi Taluk Office, Alangudi, Pudukkottai District.

6.V.C.Paneer Selvam .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondents 1 to 4 to consider the petitioner's representation dated 26.07.2024 and thereby not to disturb the peaceful possession and enjoyment of the petitioner's land in S.No. 151/2A1B measuring an extent of 0.11.0 Hect in Patta No. 2271 of Alangudi Village, Alangudi Taluk of Pudukkottai District. For Petitioner :

Mr.C.Ezhilarasu For R1 to R5 :

Mr.P.Thambidurai Government Advocate

ORDER

This petition is filed for the issue of mandamus to the respondents 1 to 4 to consider the petitioner's representation dated 26.07.2024 and thereby not to disturb the peaceful possession and enjoyment of the petitioner's land in S.No. 151/2A1B measuring an extent of 0.11.0 Hect in Patta No. 2271 of Alangudi Village, Alangudi Taluk of Pudukkottai District.

2. It is informed by the learned Government Advocate, on instructions from the officials, that an enquiry is now being conducted on

the basis of the complaint given by the sixth respondent V.C.Paneer Selvam. However, the official respondents would fairly admit that the petitioner has not been made a party to the proceedings. It is also stated that the patta has not been cancelled or transferred till date and the petitioner continues to be the joint patta holder.

3. Therefore, though the writ petition is not maintainable, in the light of the fact that the petitioner seeks to ventilate a private grievance through a writ petition, this Writ Petition is disposed of directing the official respondents to proceed with the enquiry only after issuing notice to the petitioner herein and pass orders after giving him an opportunity of hearing. No costs. consequently, connected miscellaneous petition is closed.

14.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr

To 1.The District Collector, Pudukkottai Collector's Office, Pudukkottai District.

2.The District Revenue Officer, Pudukkottai, Pudukkottai District.

3.The Revenue Divisional Office, Alangudi, Pudukkottai District.

4.The Tahsildar, Alangudi Taluk Office, Alangudi, Pudukkottai District.

5.The Taluk Head Surveyor, Alangudi Taluk Office, Alangudi, Pudukkottai District.

P.T.ASHA, J.

abr Dated: 14.08.2024 (2/2)