Murugesapandian.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.27460 of 2022 A.Murugesapandian ... Petitioner Vs.

1.The District Collector, Tuticorin.

2.The Revenue Divisional Officer, Kovilpatty, Tuticorin District.

3.The Tashidhar, Kovilpatty, Tuticorin District.

4.The District Forest Officer, Tuticorin.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, to direct the respondent Nos. 1 to 3 to consider the petitioner's representation dated 30.09.2022 and to grant patta in respect of S.No.125/16 in Manthithoppu Village, Kovilpatty Taluk, Tuticorin District. For Petitioner : Mr.J.Mathesh 1/5

For Respondents : Mr.P.Thilak Kumar Government Pleader * * *

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a writ of mandamus, directing the respondents 1 to 3 to consider his representation dated 30.09.2022, and to grant patta in respect of S.No.125/16 in Manthithoppu Village, Kovilpatty Taluk, Tuticorin District.

2.

Heard Mr.J.Mathesh, learned counsel for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader, who accepts notice on behalf of the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.

Claiming that the State Government had allotted 30 houses to the Transgender people in S.No.125/16, Manthithoppu Village, Kovilpatty, Tuticorin District, and after allotting the same, 7.50 Acres of land is remaining in the said Survey Number, the 2/5

petitioner submitted a representation to the respondents on 30.09.2022, claiming free house site patta for the homeless backward class needy people, who are living at Manthithoppu Village, and the same, according to the learned counsel for the petitioner, remains as such. Hence, the Writ Petition. 4.

Learned counsel for the petitioner would further submit that though the petitioner has sought for a larger relief, he would be satisfied, if a direction is issued to the third respondent to dispose of his representation dated 30.09.2022, within a time frame.

5.

Considering the limited scope of the prayer now sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner, either in the representation or in the affidavit filed in support of the Writ Petition, this Writ Petition is disposed of with a direction to the third respondent to consider the representation of the petitioner dated 30.09.2022, and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned. Such an exercise shall be completed within a 3/5

period of twelve weeks from the date of receipt of a copy of this order. No costs.

[R.M.D., J.] [J.S.N.P., J.] 02.12.2022 Internet : Yes / No Index : Yes / No sj To 1.The District Collector, Tuticorin.

2.The Revenue Divisional Officer, Kovilpatty, Tuticorin District.

3.The Tashidhar, Kovilpatty, Tuticorin District.

4.The District Forest Officer, Tuticorin.

4/5

R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

sj W.P(MD)No.27460 of 2022 02.12.2022 5/5