K.Prumal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.1087 of 2015 K.Perumal ..... Petitioner - Vs1. The District Collector Pudukkottai District, Pudukkottai.

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

3. The Tahsildar, Gandharvakottai Taluk, Gandharvakottai, Pudukkottai District.

4. Chockalingam Chettiyar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent herein to cancel pattas granted in favour of the fourth respondent and his family members in respect of the land situated in Survey No.250 measuring 40 cents situated at Thachankurichi nearby M.G.R.Nagar which 1/5

is classified as Village Natham within a time stipulated by this Court by considering the representation made by the petitioner on 23.09.2014. For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.G.Siva Raja Government Advocate for R1 to R3 : M/s.V.Muthukamatchi for - R4

ORDER

This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the third respondent herein to cancel the patta granted in favour of the fourth respondent and his family members in respect of the land situated in Survey No.250, by considering the representation made by the petitioner on 23.09.2014.

2. Heard Mr.B.Jameel Arasu, learned counsel appearing for the petitioner, Mr.G.Siva Raja, learned Government Advocate appearing for the respondents 1 to 3 and Mr.V.Muthukamatchi, learned counsel appearing for the fourth respondent.

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3. The learned counsel for the petitioner submits that even though the first respondent by his communication dated 01.10.2014 in O.Mu.No. 14073/2014/,2 had directed the second respondent to conduct an enquiry on the representation made by the petitioner, no order has been passed on the said representation. Hence, the petitioner has filed the present writ petition with the aforesaid prayer.

4. Considering the prayer sought for in the writ petition and also considering the fact that the representation has been made as early as in the year 2014, the writ petitioner is directed to make a fresh representation to the second respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the second respondent is directed to conduct enquiry as directed by the first respondent in his communication dated 01.10.2014, after affording an opportunity of hearing to the petitioner and the fourth respondent and thereafter pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

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5. With the above said directions, this Writ Petition is disposed of. There shall be no order as to costs.

14.02.2023 NCC: Yes / No Index :

Yes / No Internet :

Yes / No ebsi To

1. The District Collector Pudukkottai District, Pudukkottai.

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

3. The Tahsildar, Gandharvakottai Taluk, Gandharvakottai, Pudukkottai District.

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K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No. 1087 of 2015 14.02.2023 5/5