Roosewell vs The District Collector
2021 Latest Caselaw 22669 Mad

                                                                             W.P.(MD)No.4963 of 2014


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 18.11.2021

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                               W.P.(MD)No.4963 of 2014

                     Roosewell                                          ... Petitioner

                                                          vs.
                     1.The District Collector,
                       Tuticorin.

                     2.The Sub Collector,
                       Kovilpatti.

                     3.The Tahsildar,
                       Ottapidaram Taluk, Tuticorin District.           ... Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India for issuance of Writ of Mandamus, to direct the first respondent
                     specifically to take action on the basis of the representations sent by the
                     petitioner to the first respondent, dated 16.10.2012, 29.08.2013 and
                     12.11.2013 within the time to be stipulated by this Court.


                                      For Petitioner   :Mr.MRS.Prabhu
                                      For Respondents :Mr.D.Ghandiraj
                                                      Special Government Pleader
                                                         *****


                     1/4

https://www.mhc.tn.gov.in/judis
                                                                                   W.P.(MD)No.4963 of 2014


                                                           ORDER

This Writ Petition has been filed in the nature of Mandamus

seeking a direction against the first respondent to take action on the basis

of the representations sent by the petitioner to the first respondent, dated

16.10.2012, 29.08.2013 and 12.11.2013.

2.The petitioner's title had been recognised in a lawfully instituted

suit on merits in O.S.No.376 of 2007 by judgment dated 29.06.2011

passed by the learned Principal District Munsif, Tuticorin. The petitioner

also filed Execution Petition No.72 of 2012 to collect the cost, which had

been imposed and the cost of Rs.1,000/- had also been paid by the

Government on 28.08.2012. The petitioner's title has been recognised.

The petitioner continuous to be in peaceful possession. That has not

been interfered with. He had, however, given representations stating that

a sale deed had been obtained from the Panchayat President.

3.The learned Counsel for the petitioner disclaims any knowledge,

as to the factual position as on date. The present Writ Petition has been

filed on the basis of representations given by the petitioner to the first

https://www.mhc.tn.gov.in/judis W.P.(MD)No.4963 of 2014

respondent/District Collector, Tuticorin, and to the Chief Minister's Cell.

4.If the petitioner's cause still survives, the petitioner may take

appropriate action in manner known to law. Keeping this Writ Petition

pending on the file would only ensure that it is kept in the almira for

another period of seven years without seeing the day light or even

without being considered again. Therefore, reserving such liberty to the

petitioner, this Writ Petition is dismissed. No costs.

                     Index              :Yes / No                            18.11.2021
                     Internet           :Yes

                     cmr

                     To

                     1.The District Collector,
                       Tuticorin.

                     2.The Sub Collector,
                       Kovilpatti.

                     3.The Tahsildar,

Ottapidaram Taluk, Tuticorin District.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.4963 of 2014

C.V.KARTHIKEYAN, J.

cmr

Order made in W.P.(MD)No.4963 of 2014

18.11.2021

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