Disposed

Selvi, v. the District Collector

Madras HC3 Dec 2014WP(MD)/19565/2014

Case brief

AI extract

What is this about?

Petitioner challenged failure of District Collector to act on a representation concerning disputed property ownership. Court directed Collector to examine the representation fairly and dispose of it within five weeks. Petition disposed of.

What did the court decide?

Directed the first Respondent to examine the petitioner's representation dated 04.08.2014 and dispose of it within five weeks.

Selvi, Vs the District Collector — Writ and Judicial Review | Madras HC (2014)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 03.12.2014

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CORAM:

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THE HONOURABLE MR.JUSTICE M.VENUGOPAL

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W.P.(MD)No.19565 of 2014

Selvi

... Petitioner

Vs.

1.The District Collector,

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Karur District, Karur.

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2.The Revenue Divisional Officer, Karur District, Karur.

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3.Ramesh,

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Village Administrative Officer, Kakavadi Village,

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Karur District,

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Karur. ... Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to dispose of the representation dated 04.08.2014 on merits and in accordance with law within the time frame fixed by this Court.

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For Petitioner : Mr.N.Shanmugaselvam

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For R-1 & R-2 : Mr.K.Mahesh Raja Government Advocate

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ORDER

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Heard the Learned Counsel for the Petitioner and the Learned Government Advocate appearing for the Respondents 1 and 2.

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To avoid an unavoidable delay, notice to the third Respondent is dispensed with by this Court in the interest of justice.

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According to the Petitioner, the third Respondent, who https://hcservices.ecourts.gov.in/hcservices/ was working as Village Administrative Officer at Thirumanilaiyoor Village, Karur Taluk, for the reasons best

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known to him without even visiting the property and assessing the factual position, in collusion with one P.K.Sundar, had issued a certificate, dated 07.01.2014, stating that the concrete building in S.F.No.612/2 measuring an extent of 0.05 cents, belongs to the said P.K.Sundar. It is not a correct factual position. As a matter of fact, concrete building in question belongs to the petitioner.

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It appears that based on the said certificate, the said P.K.Sundar obtained electricity connection, changed the tax receipts and has filed O.S.No.278 of 2014 on the file of the trial Court, seeking relief of bare injunction. In the said suit, the certificate given by the third Respondent is filed as Document No.4 and the whole problem had arisen due to the mischief committed by the third respondent in favour of P.K.Sundar. In this regard, the Petitioner had addressed a representation, dated 04.08.2014 to the Respondent Nos.1 and 2. But, they had not taken any action so far. Hence, she has filed the present Writ Petition before this Court.

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In view of the fact that the petitioner's representation, dated 04.08.2014 is pending, this Court without going into the merits and contents of the representation of the petitioner, dated 04.08.2014, in the interest of justice and fair play, directs the first Respondent/District Collector, Karur District, to look into the representation of the petitioner, dated 04.08.2014, in a just, fair and dispassionate manner and to dispose of the same uninfluenced with any of the observations made by this Court in the present Writ Petition, within a period of five weeks from the date of receipt of a copy of this order (Ofcourse after providing necessary opportunity to the petitioner and others concerned if any by adhering to the principles of natural justice).

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With the aforesaid direction, the Writ Petition stands disposed of. No Costs.

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Sd/-

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Assistant Registrar(Crl.Side)

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/True Copy/

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Sub Assistant Registrar

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1.The District Collector,Karur District,Karur.

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2.The Revenue Divisional Officer,Karur District,Karur. +1cc to Mr.N.Shanmuga Selvam, Advocate Sr.No.64807 +1cc to Spl.Government Pleader Sr.No.65146

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AA/15.12.2014/2p- 5c/ W.P.(MD)No.19565 of 2014 https://hcservices.ecourts.gov.in/hcservices/ 03.12.2014

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https://hcservices.ecourts.gov.in/hcservices/

Selvi, v. the District Collector

Case brief

What is this about?

What did the court decide?

Selvi, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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