S.Rajamani Vs the Commissioner

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1^st respondent to consider and pass suitable orders on the petitioner's Representation dated 24.07.2024 seeking exchange of lands so far as realignment of the water course comprised in S.No.382/2 measuring an extent of 0.24.00 Hectare and also in S.No.247/3 measuring an extent of 0.06.00 Hectare in lieu of the Patta lands owned by the petitioner in S.Nos.382/1A2, 247/4B and 247/5B and also, the Patta lands owned by the respondents 5 and 6 comprised in S.No.382/1B2 and 382/1C2 based on the report sent by the 3^rd respondent to the 2^nd respondent in response to the Letter dated 26.07.2024 sent by the 1^st respondent in the light of the Order dated 22.05.2024 passed by this Court in W.P.No.13847 of 2024.

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For Petitioner : Mr.B.Kumar, Senior Counsel for Mr.S.Senthil

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For Respondents – 1 to 4: Mr.A.Selvendran, Special Government Pleader

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ORDER

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By consent of learned counsel on both sides, this writ petition is taken

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up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass in this writ petition, notice to the respondents 5 & 6 is dispensed with.

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https://www.mhc.tn.gov.in/judis

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W.P.No.20840 of 2025

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The relief sought in this writ petition is to direct the 1^st respondent

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to consider and pass suitable orders on the petitioner's Representation dated 24.07.2024.

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3. At the outset, the learned Special Government Pleader appearing for the respondents 1 to 4 submitted that the 1 st respondent would consider the petitioner's Representation dated 24.07.2024 and pass appropriate orders, within a time frame to be fixed by this Court.

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In view of the limited relief sought by the petitioner, this Court is

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inclined to dispose of this Writ Petition with the following directions:

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(i) The 1^st respondent shall consider the petitioner's Representation dated 24.07.2024 and dispose of the same, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, respondents 5 & 6 and all other interested parties including rival claimants, if any, within a period of twelve weeks from the date of uploading of web copy of this order without waiting for the receipt of certified copy of this order.

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https://www.mhc.tn.gov.in/judis

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W.P.No.20840 of 2025

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(ii) Though facts have been set out in affidavit, in view of the limited

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relief that is sought to be granted, I do not propose to examine the same, lest it may influence the Authority.

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(iii) It is made clear that this Court has not expressed any views with

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regard to the merits of the case and it is open to the 1 st respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open. No costs.

08.08.2025

mrr

Index : Yes/No

Speaking Order (or) Non-Speaking Order

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https://www.mhc.tn.gov.in/judis