V.P.Raju Thevar v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) Nos.4184 of 2018 and 10917 of 2020 V.P.Raju Thevar ... Petitioner /vs./ 1.The District Collector, Madurai District.

2.The Tazhildar, Vadipatti Taluk, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 20/11/2017 and grant patta in favour of the petitioner in respect of the property in Survey No.135/4 and 136/2 to an extent of 0.39 ares and 0.25 ares of Kallanai Village, Vadipatti Taluk, Madurai District and further directing the 1st respondent to take appropriate action against the 2nd respondent for his wilful inaction on the petitioner's patta application within the time stipulated by this Court.

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For Petitioner : No appearance For Respondents : Mr.S.P.Maharajan Special Government Pleader

ORDER

There is no representation on behalf of the petitioner. 2.The learned Special Government Pleader for the respondents would submit that the petitioner has died during the pendency of the present writ petition.

3.The learned counsel for the proposed respondent would like to file counter in W.M.P.(MD) No.10917 of 2020 in W.P.(MD) No.2569 of 2018 for impleading the proposed respondent as party to the case. 4.The petitioner's representation dated 20.11.2017 is pending since 2017. Almost 7 years have gone by and perhaps the petitioner himself, who is aged about 81 years at the time of filing this writ petition, would have died during the pendency of the writ petition.

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5.Considering the same, I am inclined to dispose of this writ petition by directing the second respondent/the Tahsildar, Vadipatti Taluk, Madurai District, to dispose of the petitioner's representation dated 20.11.2017 after giving notice to the legal representatives/legal heirs of the deceased petitioner. 6.This exercise may be carried out by the second respondent within a period of two months from the date of receipt of a copy of this order after issuing notice to the proposed respondent herein, who are proposed to be impleaded as third respondent vide W.M.P.(MD) No.10917 of 2020 in W.P.(MD) No.2569 of 2018. The second respondent shall pass appropriate orders on merits and in accordance with law, after considering the representation, if any, of the rival parties and the legal heirs/legal representatives of the deceased petitioner, V.P.Raju Thevar.

7.The Writ Petition stands disposed of, with the above directions. No costs. Consequently, connected Miscellaneous Petitions are closed. Index : Yes / No 14.06.2024 Internet : Yes / No 3/5

To 1.The District Collector, Madurai District.

2.The Tazhildar, Vadipatti Taluk, Madurai District.

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C.SARAVANAN, J.

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