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Madras High CourtWP(MD)/4963/2014closed

Roosewelt, v. The District Collector,

2021-11-18Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD)No.4963 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.4963 of 2014 Roosewell ... Petitioner vs.

1.The District Collector, Tuticorin.

2.The Sub Collector, Kovilpatti.

3.The Tahsildar, Ottapidaram Taluk, Tuticorin District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent specifically to take action on the basis of the representations sent by the petitioner to the first respondent, dated 16.10.2012, 29.08.2013 and 12.11.2013 within the time to be stipulated by this Court.

For Petitioner :Mr.MRS.Prabhu For Respondents :Mr.D.Ghandiraj Special Government Pleader *****

O R D E R

This Writ Petition has been filed in the nature of Mandamus seeking a direction against the first respondent to take action on the basis of the representations sent by the petitioner to the first respondent, dated 16.10.2012, 29.08.2013 and 12.11.2013. 2.The petitioner's title had been recognised in a lawfully instituted suit on merits in O.S.No.376 of 2007 by judgment dated 29.06.2011 passed by the learned Principal District Munsif, Tuticorin. The petitioner also filed Execution Petition No.72 of 2012 to collect the cost, which had been imposed and the cost of Rs.1,000/- had also been paid by the Government on 28.08.2012. The petitioner's title has been recognised. The petitioner continuous to be in peaceful possession. That has not been interfered with. He had, however, given representations stating that a sale deed had been obtained from the Panchayat President.

3.The learned Counsel for the petitioner disclaims any knowledge, as to the factual position as on date. The present Writ https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4963 of 2014 Petition has been filed on the basis of representations given by the petitioner to the first respondent/District Collector, Tuticorin, and to the Chief Minister's Cell.

4.If the petitioner's cause still survives, the petitioner may take appropriate action in manner known to law. Keeping this Writ Petition pending on the file would only ensure that it is kept in the almira for another period of seven years without seeing the day light or even without being considered again. Therefore, reserving such liberty to the petitioner, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) cmr To 1.The District Collector, Tuticorin.

2.The Sub Collector, Kovilpatti.

3.The Tahsildar, Ottapidaram Taluk, Tuticorin District.

Order made in W.P.(MD)No.4963 of 2014 18.11.2021 GC(26.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2