1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Appeal (MD)No.906 of 2011 and M.P.(MD)No.3 of 2011 1.Yasodha, W/o.Ramasamy 2.Kanagammal,W/o.Uthadan 3.R.Rajamanickam ... Appellants Vs. 1.P.Sridharan 2.P.Jayaraman 3.P.Ramachandran ... Respondents 1to3/Petitioners 1 to 3 4.The District Collector, Trichy District Trichy. 5.The Tahsildar, Thiruverambur Taluk, Trichirappalli District. 6.The Revenue Divisional Officer, Trichirappalli. ... Respondents/Respondents Writ Appeal under Clause 15 of Letters Patent against the order of the learned single Judge, dated 07.07.2011, made in W.P.(MD)No.7338 of 2011. Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the second respondent Tahsildar to issue the petitioners adangal extract immediately on the basis of the patta and chitta issued by the 2nd respondent dated 26.05.11 and 03.06.2011 in respect of the land is S.F.No.122, 123, 124, 126, 127 and 128 and sub divisions in the then Inam Kumbakudy Velayudangudi Village, Trichirapalli the total extent of which is 50 Acres. For Appellants : Mr.Prasanna Vinoth for Mr.G.R.Swaminathan For Respondents : Mr.K.Mahendran, 4 to 6 Spl.Govt.Pleader. JUDGMENT [Judgment of the Court was delivered BY K.N.BASHA, J] This writ appeal is directed against the order of the learned Single Judge, dated 07.07.2011, made in W.P.(MD)No.7338/2011. The said writ petition was filed by the respondents 1 to 3 herein seeking for a direction to the 5th respondent herein to issue Adangal Extract https://hcservices.ecourts.gov.in/hcservices/ 2 immediately to them in respect of the land in S.F.Nos.122, 123, 124, 126, 127 and 128 in the then Inam Kumbakudy Velayudangudi Village, Trichirappalli, to a total extent of 50 acres. The learned Single Judge, by the impugned order, directed the respondents 1 to 3 herein to submit a copy of the representation dated 20.06.2011 to the 5th respondent herein and further directing the 5th respondent to consider the same and take appropriate action in accordance with law within a period of four weeks from the date of receipt of a copy of the order. Aggrieved over the same, the appellants who are not parties to the writ petition, have filed this appeal after obtaining leave of this Court. 2.Learned counsel for the appellants would submit that the appellants have not been impleaded as parties to the writ petition inspite of the fact that they have already obtained certain orders by filing Special Tribunal Appeal before this Court. Further, he submitted that even Adangals in respect of the land in dispute were also issued to them. Therefore, it is contended that the appellants are necessary parties to the proceedings and they should also be heard. 3.Heard the learned Special Government Pleader on the submissions made by the learned counsel for the appellants. 4.The issue involved in this writ appeal is similar to the Writ Appeal (MD) No.1076 of 2011, in which this Court passed the following orders today. "4. The fact remains that the writ court has passed an order by merely directing the 6th respondent herein, the Tahildar, Thiruverumbur Taluk, to consider the representation, dated 20.06.2011, made by the respondents 1 to 4 herein/the writ petitioners and pass orders on merits and in accordance with law within a period of four weeks from the date of the order. 5.The only grievance of the appellants herein is to the effect that they are also necessary and proper parties to the proceedings, as adangals stand in their names and they have also obtained certain orders from this Court in the STA preferred by them. 6.Considering the said submission, we are not inclined to interfere with the order passed by the writ court, except giving further direction to the 6th respondent to give an opportunity of hearing to the appellants herein also as well as to relevant parties before considering the representation of the respondents 1 to 4/writ petitioners, dated 20.06.2011. 7.Accordingly, the 6th respondent is directed to consider the representation of the respondents 1 to 4/writ petitioners, dated 20.06.2011, by giving an opportunity of hearing to respondents 1 to 4 herein as well as to the appellants herein and also to the other relevant parties and to pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is brought to the notice of this Court that pursuant to the order of the learned Single Judge, the 6th respondent has not so far passed any orders on the representation of respondents 1 to 4 till date. 8.With the above direction, the writ appeal stands disposed of. No costs. Connected M.P.(MD)Nos.2 and 3 of 2011 are closed." https://hcservices.ecourts.gov.in/hcservices/ 3 5.In view of the above order, there will be a similar direction to the 5th respondent herein to consider the representation of the respondents 1 to 3/writ petitioners, dated 20.06.2011, by giving an opportunity of hearing to respondents 1 to 3 herein as well as to the appellants herein and also to the other relevant parties and to pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is brought to the notice of this Court that pursuant to the order of the learned Single Judge, the 5th respondent has not so far passed any orders on the representation of respondents 1 to 3 till date. 6.With the above direction, the writ appeal stands disposed of. No costs. Connected M.P.(MD)Nos.2 and 3 of 2011 are closed. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar(CS) To: 1.The District Collector, Trichy District, Trichy. 2.The Tahsildar, Thiruverambur Taluk, Trichirappalli District. 3.The Revenue Divisional Officer, Trichirappalli. Gb GH : 11.11.2011 : 3p/4c Judgment IN W.A.(MD)No.906/2011 and M.P(MD)Nos.3/2011 Dated:18.10.2011 https://hcservices.ecourts.gov.in/hcservices/