M. Chellammal v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR M.Chellammal ... Petitioner /Vs./ 1.The District Collector, Karur District.
2.The Revenue Divisional Officer, Kulithalai, Karur District.
3.The Tahsildar, Kadavoor Taluk, Karur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to incorporate the assignment land to the total extent of 1.25 acres in S.No.925/1 and 925/3 at T/Idaiyaptti Village (West) Kadavoor Taluk, Karur District in the revenue records i.e., patta, chitta and adangal in the name of the petitioner on the basis of the petitioner's representation dated 13.09.2019. For Petitioner : Ms.C.Kayalvizhi For Respondents : Mr.Aayiram K.Selvakumar Additional Government Pleader
ORDER
Ms.C.Kayalvizhi, learned counsel on record for writ petitioner is before this Court.
2. Mr.Aayiram K.Selvakumar, 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 13.09.2019 wherein writ petitioner has sought entries in patta and revenue records regarding lands which according to writ petitioner were assigned to her.
5. Notwithstanding several averments made in the affidavit filed in support of instant writ petition, notwithstanding several 1/3
grounds raised / contentions urged in the affidavit filed in support of instant writ petition, learned counsel for writ petitioner abridges the scope of this 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 13.09.2019, details of which have been alluded to supra.
6. Learned State counsel submits that second respondent is the authority who shall consider the aforementioned representation dated 13.09.2019 made by the writ petitioner (page Nos.11 and 12 of the typed set of papers forming part of the case file).
7. The aforesaid representation dated 13.09.2019 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. The authority concerned shall not embark upon any exercise which is within the domain of civil Court jurisdiction.
9. The proceeding / order of disposal shall be communicated by the office of the second respondent to the writ petitioner and others concerned (if any) under due acknowledgement within seven (7) working days from the completion of aforesaid exercise.
10. Instant Writ Petition is disposed of with above directions. No costs.
Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) rmk To 1.The District Collector, Karur District.
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2.The Revenue Divisional Officer, Kulithalai, Karur District.
3.The Tahsildar, Kadavoor Taluk, Karur District.
+1 CC to M/s.R.RAJARAMAN, Advocate ( SR-94174[F] dated 24/10/2019 ) +1 CC to M/s.SPL GP ( SR-94616[F] dated 25/10/2019 ) KK/SAR/08.11.2019/3P-6C/ 3/3