Selvam D.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.27101 of 2022 D.S.Selvam ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Thirumangalam Division, Madurai District.

3.The Tahsildhar, Thirumangalam, Madurai District.

4.Mayil Murugan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents to consider and pass order on the representation dated 27.10.2022 within the period stipulated by this Hon'ble Court. For Petitioner : Mr.N.Sathish Babu For Respondents 1 to 3 : Mr.P.Thilak Kumar Government Pleader * * * 1/5

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 and pass order on his representation dated 27.10.2022 within a time frame.

2.

Heard Mr.N.Sathish Babu, learned counsel for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader, who accepts notice on behalf of the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.

Having regard to the nature of the order proposed to be passed in this writ petition, notice to the 4th respondent is dispensed with.

4.

Alleging that the 4th respondent, who is the President of Kinnimangalam Village, is taking steps to get patta in the name of his wife Karpagam and one Rani W/o Pandi and Thai Pillai W/o. Rasu, who are having agricultural lands in their name 2/5

and house property in the names of their family members, in respect of the Government Anadheenam lands, the petitioner submitted a representation to the official respondents on 27.10.2022, and the same, according to the learned counsel for the petitioner, remains as such. Hence, the Writ Petition. 5.

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 2nd respondent to dispose of his representation dated 27.10.2022, within a time frame.

6.

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 2nd respondent to consider the representation of the petitioner dated 27.10.2022, and pass appropriate orders on merits and in accordance with law, after issuing notice and affording an opportunity of hearing to the petitioner, the 4th respondent and all 3/5

other parties concerned. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs.

[R.M.D., J.] [J.S.N.P., J.] 30.11.2022 Internet : Yes / No Index : Yes / No sj To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Thirumangalam Division, Madurai District.

3.The Tahsildhar, Thirumangalam, Madurai District.

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R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

sj W.P(MD)No.27101 of 2022 30.11.2022 5/5