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2013 DIGILAW 4208 (MAD)

S. K. Muthusamy v. District Collector, Erode

2013-12-16

M.VENUGOPAL

body2013
JUDGMENT 1. The Petitioner has projected the present instant Writ of Mandamus praying for an issuance of order by this Court in directing the First Respondent/The District Collector, Erode District, Erode, to consider and pass orders on merits by disposing the written representation made by the petitioner on 10.12.2012 within a stipulated time, to be determined by this Court. 2. According to the Petitioner, he owns a patta land in R.S.No.110/11A 1 measuring an extent of 1.50 acres of land. He also pays kists to the Government in his name and doing agricultural work in the said land and eking out his livilihood through the agricultural operations. 3. The stand of the Petitioner is that on 08.12.2012, the revenue officials came to his land and measured the land. He immediately caused an enquiry with them and informed him that they are going to bring his land for public auction, since someone was running arrack shop in the year 1991. But the said shop owner has not paid the amount to the Government. Therefore, the said officials were searching for the said shop owner who pointed out to them, the petitioner's land as his own land without making any verification as to who is the owner of the said land in the revenue records, the respondent officials trespassed into his land and measured the land and further informed him that he should not either alienate the property or he should not cultivate the crops in the said land. Added further, he was informed that they are going to bring his land for the public auction. 4. The pith and substance of the plea of the Petitioner is that the Petitioner made a written representation to the First Respondent dated 10.12.2012. However, no order has been passed by the First Respondent in this regard. 5. Added further, he was informed that they are going to bring his land for the public auction. 4. The pith and substance of the plea of the Petitioner is that the Petitioner made a written representation to the First Respondent dated 10.12.2012. However, no order has been passed by the First Respondent in this regard. 5. Considering the Petitioner's limited prayer sought for in the Writ Petition is only to consider and pass orders on the representation made by him, by the First Respondent/ District Collector, Erode District, Erode, this Court in the interest of justice and fair play directs the First Respondent/District Collector, Erode District, Erode, to dispose of the representation of the Petitioner dated 10.12.2012 by passing a reasoned and speaking order on merits, within a period of three weeks from the date of receipt of a copy of this order, in the manner known to law and in accordance with law. Before that, the petitioner is directed to submit a fresh copy of the representation dated 10.12.2012 to the First Respondent/District Collector, Erode, Erode District, for taking necessary action, within a period of one week from the date of receipt of a copy of this order. 6. With the aforesaid directions, the Writ Petition is disposed of. No costs.