Jagatheesan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA Jagatheesan ... Petitioner Vs.

1.The District Collector, Thoothukudi District.

2.The Revenue Divisional Officer/Sub Collector, Thoothukudi, Thoothukudi District.

3.The Tahsildar, Thoothukudi Taluk, Thoothukudi District.

4.The Superior Saberiana Society of Saint Francis Saviour, Rep. by its Bishop, Jesuit's Residence, Xaveriana, 27, Beach Road, Thoothukudi.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to dispose of the appeal presented by the petitioner before the second respondent in 1/5

Oo.Mu.(A1)/4412/2023, dated 30.11.2023 within the stipulated time by this Court.

For Petitioner : Mr.R.Balakrishnan For R1 to R3 : Mr.A.Kannan Special Government Pleader

O R D E R

The writ petition has been filed for a direction to the second respondent to dispose of the appeal, dated 30.11.2023.

2. The petitioner as a power agent of the petitioner's father and his brother and sisters submitted a representation/appeal to the second respondent on 19.10.2023 against the wrong entry in the revenue records in favour of the fourth respondent and to mutate the patta in his name. The second respondent vide his proceedings dated 30.11.2023, directed the third respondent to submitted a report after conducting preliminary enquiry. As the third respondent did not take any steps, the petitioner's representation/appeal was kept pending since 19.10.2023, the petitioner therefore filed the above writ petition for the aforesaid relief.

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3. The learned Additional Government Pleader for the respondents 1 to 3, on instructions, submitted that the Town Surveyor inspected the property, conducted enquiry and prepared his report. He therefore submitted that reasonable time may be fixed by this Court to the second respondent to dispose of the petitioner's representation/appeal.

4. In view of the fact that Town Surveyor inspected the property, conducted enquiry and prepared his report, I am inclined to issue a direction to the second respondent to dispose of the petitioner's representation/appeal on merits and in accordance with law within a period of 8 weeks from the date of receipt of a copy of this order.

5. Accordingly, the writ petition stands disposed of. No costs. 20.11.2024 NCC:yes/no Index:yes/no Internet:yes/no SN 3/5

To:

1.The District Collector, Thoothukudi District.

2.The Revenue Divisional Officer/Sub Collector, Thoothukudi, Thoothukudi District.

3.The Tahsildar, Thoothukudi Taluk, Thoothukudi District.

4.The Bishop, The Superior Saberiana Society of Saint Francis Saviour, Jesuit's Residence, Xaveriana, 27, Beach Road, Thoothukudi.

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N.MALA, J.

SN 20.11.2024 5/5