BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 28/10/2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.10850 of 2009 M.Leela .. Petitioner Vs 1.The District Collector, Kanyakumari District at Nagercoil, Kanyakumari District. 2.The Revenue Divisional Officer, Padmanabhapuram, at Thuckalay, Kanyakumari District. 3.The Thasildar, Vilavancode Taluk, at Kuzhithurai, Kanyakumari District. 4.M.Jacob .. Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to dispose the petition, dated 12.08.2009, hereby directing the third respondent to cancel the illegal patta in the name of the fourth respondent in respect of the Survey NO.335/3, Vilathurai Desam, Kunnathoor Village, Vilavancode Taluk, Kanyakumari District. !For Petitioner ... Mr.D.Anbarasu ^For Respondents R1 to R3 ... Mr.Pala Ramasamy Special Government Pleader * * * * * :ORDER
Heard Mr.D.Anbarasu, the learned counsel appearing for the petitioner and
Mr.Pala Ramasamy, learned Special Government Pleader, appearing for the
respondents 1 to 3.
2. By consent of both the parties, the writ petition is taken up for final
hearing and disposal.
3. At this stage of the hearing of the writ petition, the learned counsel
appearing on behalf of the petitioner had submitted that it would suffice, if
the third respondent is directed to dispose of the representation, dated
12.08.2009, on merits and in accordance with law, within a specified period.
4. The learned Special Government Pleader appearing on behalf of the
respondents, has no objection for such an order being passed by this Court.
5. In view of the submissions made by the learned counsels appearing on
either side, the third respondent is directed to dispose of the representation,
dated 12.08.2009, after giving an opportunity of hearing to the petitioner, as
well as the parties concerned, on merits and in accordance with law, within a
period of twelve weeks from the date of receipt of a copy of this order. The
petitioner is directed to furnish a copy of the representation, dated
12.08.2009, to the third respondent, along with a copy of this order. However,
it is made clear that this Court, by this order, has not expressed any opinion
on the merits of the matter.
6. Accordingly, the writ petition is disposed of, with the above
directions. No costs.
cs
To
1.The District Collector,
Kanyakumari District at Nagercoil,
Kanyakumari District.
2.The Revenue Divisional Officer,
Padmanabhapuram,
at Thuckalay,
Kanyakumari District.
3.The Thasildar,
Vilavancode Taluk,
at Kuzhithurai,
Kanyakumari District.