R.Kanagaraj v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.Nos.3384 to 3386 of 2018 1.R.Kanagaraj 2.Ramasamy Gounder 3.K.Kaliammal 4.Rajavel 5.C.Arthanaari .. Petitioners (in WP.No.3384 of 2018) 1.P.Ramasamy 2.P.Muthusamy 3.K.Vasanthi 4.P.Subramani 5.R.Maruthai .. Petitioners (in WP.No.3385 of 2018) 1.N.Mahalingam 2.M.Dinesh Kumar 3.Raja 4.M.Pushpavalli .. Petitioners (in WP.No.3386 of 2018) Vs.

1.The Secretary to Government Revenue Department Fort St.George Chennai-600 009.

2.The Principal Secretary & Commissioner of Revenue Administration Chepauk, Chennai-600 005.

3.The District Collector Salem.

4.The District Revenue Officer Salem.

... Respondents (in WP.Nos.3384 to 3386 of 2018) Writ petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 3rd and 4th respondents to consider the representation made by the petitioners dated 08.01.2018 as per G.O.Ms.No.183, Cooperative, Food and Consumer Protection (CP 2) Department dated 19.09.2005 within the time frame.

For Petitioners : Mr.K.V.Dhanapalan (in WP.Nos.3384 to 3386 of 2018) For Respondents : Mr.R.Govindasamy Special Government Pleader (in WP.Nos.3384 to 3386 of 2018) C O M M O N O R D E R Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties, these writ petitions are taken up for final disposal at the admission stage themselves.

2. In all these writ petitions, the respective writ petitioners are seeking for mandamus directing the respondents 3 and 4 to consider their representation dated 08.01.2018 and pass orders on the same, in the light of G.O.Ms.No.183, Cooperative, Food and Consumer Protection (CP 2) Department dated 19.09.2005, wherein and whereby, the petitioners seek for grant of Patta. For making such claim, the petitioners seek to rely upon the said G.O.Ms.No.183.

3. Needless to say that it is for the respondents 3 and 4 to consider the grievance of the petitioners and pass orders on the same on merits and in accordance with law. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioners. Accordingly, these writ petitions are disposed of, only by directing the fourth respondent to consider the representation of the petitioners dated 08.01.2018 and pass orders on the same on merits and in accordance with law, also by considering as to whether the petitioners would come under the purview of the said G.O.Ms.No.183 or not. Such exercise shall be done by the fourth respondent, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mk

To 1.The Secretary to Government Revenue Department Fort St.George Chennai-600 009.

2.The Principal Secretary & Commissioner of Revenue Administration Chepauk, Chennai-600 005.

3.The District Collector Salem.

4.The District Revenue Officer Salem.

+1 cc to Mr.K.V.Dhanapalan Advocate sr 11932 +1 cc to the Government pleader sr 12483 W.P.Nos.3384 to 3386 of 2018 sv(co) aa01/03/2018