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Madras High CourtWP(MD)/3623/2013disposed of

S.Kumarasamy, v. The Chairman,

2017-11-17Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD) No.3623 of 2013

1. S.Kumarasamy

2. Radhakrishnan

3. Jeyaraman ... Petitioners -vs1. The Chairman, Tamil Nadu Boomithan Board, Shenoy Nagar, Madurai-625 020.

2. The District Collector, Tirunelveli District,Tirunelveli.

3. The Tahsildar, Radhapuram Taluk, Tirunelveli District.

4. The Village Administrative Officer, 7, Veppalankulam-1, Radhapuram Taluk, Tirunelveli District.

5. M/s.NEPC India Ltd., 36, Wallajah Road, Chennai-600 002 Rep. by its Vice Chairman, Sri.Rajkumar Khemka ... Respondents (R5 impleaded vide order dated 17.11.2017) PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 2 & 3 to delete the name of the 1st respondent and issue patta in favour of the petitioner in Survey Nos.1355/1&2, 1360/1,2,3,4,5 & 6, 1361/1A, 1362, 1364/1,2,4, 1366, 1367/1A, 1B, 1374/1A1B, Veppalankulam Village, Radhapuram Taluk, Tirunelveli District. For Petitioners : Mr.K.S.Muthu For R1 :Dismissed(Vide Court Order dated 25.10.2013) For R2 to R4 : Mr.T.S.Mohamed Mohideen Addl. Govt. Pleader For R5 : Mr.H.Arumugam ****** https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This writ petition has been filed, seeking a direction to the respondents 2 & 3 to delete the name of the 1st respondent and issue patta in favour of the petitioner in Survey Nos.1355/1&2, 1360/1,2,3,4,5 & 6, 1361/1A, 1362, 1364/1,2,4, 1366, 1367/1A, 1B, 1374/1A1B, Veppalankulam Village, Radhapuram Taluk, Tirunelveli District.

2. According to the learned counsel for the petitioners, for deleting the name of the 1st respondent and also issuing a patta in favour of the petitioners, the father of the petitioners made a representation to the respondents as early as on 03.12.2010 and the same is still kept pending without consideration.

3. The learned Additional Government Pleader appearing for R2 to R4 would submit that if a reasonable time is granted to the respondents 2 to 4, the said representation will be considered and suitable orders be passed, if not already passed.

4. In view of the above submission, this Court, without expressing any opinion on the merits of the matter, directs the respondents 2 to 4, more particularly 3rd respondent to consider the representation dated 03.12.2010, submitted by the petitioners' father, if not considered earlier and pass suitable orders thereon on merits and in accordance with law after affording due opportunity of hearing to all the parties, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To:

1.

The District Collector,Tirunelveli District,Tirunelveli.

2. The Tahsildar,Radhapuram Taluk,Tirunelveli District.

3. The Village Administrative Officer, 7,Veppalankulam-1,Radhapuram Taluk,Tirunelveli District. +1CC to Mr.K.S.Muthu, Advocate, SR.No. 87780 +1CC to Mr.H.Arumugam, Advocate, SR.No. 88125 +1CC to the Special Government Pleader SR.No.88483 W.P.(MD)No.3623 of 2013 17.11.2017 ar AM/KK/SAR 3/28.12.2017/2P/7C https://hcservices.ecourts.gov.in/hcservices/