KULANTHAI ESU Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) THERE is no representation for the petitioner.

(2.) ACCORDING to the petitioner, he is one of the joint owners of his Family property and that a partition suit was filed, wherein he figured as second plaintiff in O.S. No. 525 of 1995 on the file of learned Principal District Munsif, Tirunelveli. A Preliminary Decree was passed in the said suit on 27.03.2000. One of the Defendants in the said suit, as an aggrieved person, filed A.S. No. 100 of 2000 on the file of learned First Additional District Judge, Tirunelveli and the said 'Appeal' came to be dismissed and the Judgment of the trial Court passed in the suit was affirmed.

(3.) IN view of the fact that the petitioner has sought a limited relief of passing of an order by this Court in directing the third Respondent to issue patta to his lands based on his representation dated 18.07.2012, this Court as an equitable relief in the interest of Justice and Fairplay and also as a matter of prudence, directs the third Respondent/Tahsildar to look into the representation of the petitioner dated 18.07.2012 and also the subsequent representation dated 20.07.2012 addressed to the Respondents 1 and 2 in a fair, just, objective and dispassionate manner and dispose of the said representation within a period of four weeks from the date of receipt of copy of this order, (of course, after providing adequate/necessary opportunities to the petitioner and others concerned, if any, by adhering to the principles of natural justice). It is made clear that the third Respondent shall pass orders on the representation of the petitioner dated 18.07.2012 and the subsequent representation dated 20.07.2012 addressed to the Respondents 1 and 2 in a dispassionate manner uninfluenced with any of the observations made by this Court in this writ petition.