Mohammed Ali v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR Mohammed Ali ... Petitioner /Vs./ 1.The District Collector, Trichy District, Trichy.
2.The Revenue Divisional Officer/Sub Collector, Revenue Divisional Office, Srirangam, Trichy District.
3.The Tahsildar, Manapparai Taluk, Manapparai, Trichy District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the second respondent to conclude the enquiry proceedings in Na.Ka.No.A21110-2019 dated 04.04.2019 in respect of patta for the property situated in Survey No.555/13, 555/25 at Puthanatham Village, Manapparai Taluk, Trichy District on the basis of the petitioner's representation dated 11.02.2019, 30.08.2019 within a time frame, to stipulated by this Court.
For Petitioner : Mr.S.Vinayak For Respondents : Mr.K.Mu.Muthu Additional Government Pleader
ORDER
Mr.S.Vinayak, learned counsel on record for writ petitioner is before this Court.
2. Mr.K.Mu.Muthu, learned Additional Government Pleader, accepts notice on behalf of all three 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 20.08.2019 wherein the writ petitioner has sought fresh patta pertaining to lands, which according to petitioner belongs to him, which specific reference to 4 feet wide common passage.
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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 second respondent is directed to dispose of the aforementioned representation of the writ petitioner, dated 30.08.2019, details of which have been alluded to supra.
6. Learned State counsel submitted that the second respondent is the authority who shall consider the aforementioned representation dated 30.08.2019 made by the writ petitioner (page Nos.9 to 12 of the typed set of papers forming part of the case file).
7. The aforesaid representation dated 30.08.2019 shall be disposed of by the second respondent on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of twelve (12) 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 second 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 second respondent to the writ petitioner under due acknowledgement within seven (7) working days from the completion of aforesaid exercise.
10. Instant Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) 2/3
rmk To 1.The District Collector, Trichy District, Trichy.
2.The Revenue Divisional Officer/Sub Collector, Revenue Divisional Office, Srirangam, Trichy District.
3.The Tahsildar, Manapparai Taluk, Manapparai, Trichy District.
+1 CC to M/s.GP ( SR-88846[F] dated 24/09/2019 ) +1 CC to M/s.A.JOEL PAUL ANTONY, Advocate ( SR-89315[F] dated 25/09/2019 ) Order made in Dated:
23.09.2019 KM/(09.10.2019) 3P 6C 3/3