A.Vedha Bodhagar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR A.Vedha Bodhagar ... Petitioner /Vs./
1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Tahsildar, Kariyapatti Taluk, Kariyapatti, Virudhunagar District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the first respondent to direct the second respondent to conduct an enquiry based on the petitioner's representation dated 13.08.2019 within a stipulated time period fixed by this Court.
For Petitioner : Mr.A.Anandharaj for Mr.J.Selvin Rajesh For Respondents : Mr.Aayiram K.Selvakumar Additional Government Pleader
ORDER
Mr.A.Anandharaj, learned counsel for writ petitioner is before this Court.
2. Mr.Aayiram K.Selvakumar, learned Additional Government Pleader, accepts notice on behalf of both 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 13.08.2019 wherein writ petitioner has made certain claims regarding 297 sq.ft of lands comprised in Survey number mentioned in the representation.
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 1/3
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 13.08.2019, 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 13.08.2019 made by the writ petitioner (page No.8 of the typed set of papers forming part of the case file).
7. The aforesaid representation dated 13.08.2019 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 eight (8) 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 second 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-III) // True Copy // Sub Assistant Registrar(CS ) To
1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Tahsildar, Kariyapatti Taluk, Kariyapatti, Virudhunagar District.
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+1 CC to SPL GP ( SR-93231[F] dated 21/10/2019 ) +1 CC to Mr.J.SELVIN RAJESH, Advocate (SR-93705[F] dated 22/10/2019 ) Order made in Dated:18.10.2019 RMK MK (04.11.2019) 3P 5C 3/3