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Madras High CourtWP/2351/2024disposed of

Chinnasamy v. District Collector

2024-02-02Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Chinnasamy ... Petitioner Vs.

1. The District Collector Krishnagiri District Krishnagiri

2. The Tahsildar Uthangarai Taluk Krishnagiri District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 28.03.2023 in accordance with law by assignment of six acres of land in Survey No.5/3, Kallalkuthu, barren land in favour of the petitioner as they are cultivating the land over 85 years at Kethunayakanpatti Village, Uthangarai Taluk, Krishnagiri District. For Petitioner : Mr.B.Sankarasubbu For Respondents : Mrs.V.Yamunadevi Special Government Pleader 1/6

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 28.03.2023 in accordance with law by assignment of six acres of land in Survey No.5/3, Kallalkuthu, barren land, in favour of the petitioner as they are cultivating the land over 85 years at Kethunayakanpatti Village, Uthangarai Taluk, Krishnagiri District.

2. The learned counsel for the petitioner submitted that it would suffice if a direction is issued to the first respondent to consider the representation of the petitioner dated 28.03.2023, within a stipulated time as may be fixed by this Court.

3. Mrs.V.Yamunadevi, learned Special Government Pleader takes notice for the respondents.

4. It is to be noted that this Court, in W.P.No.262 of 2018 (D.Tulasi vs. The District Revenue Officer, Dharmapuri etc. and batch), by order dated 2/6

09.06.2023, directed the Department to issue circular in regard to disposal of the application/petition/revision/appeals and etc., within time limit and obey the Court orders and in that regard, the Commissioner of Land Administration has also issued a circular No.R1/2005632/2022 dated 17.07.2023 as to how the matters have to be dealt with and within the period of which, the matters have to be disposed of has been fixed in the circular and inspite of the same, the Departments are not following either the order of this Court or the circular.

5. Having regard to the submissions made by the learned counsel on either side and since this writ petition is filed seeking a simple writ of mandamus to consider the petitioner's representation, this Court without expressing any opinion with regard to the merits of the case, directs the 1st respondent to consider the petitioner's representation dated 28.03.2023 and issue notice to the petitioner and to the rival claimants/interested parties/objectors if any, as the case may be and conduct enquiry in the manner known to law and pass orders on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order since the petitioner is a senior citizen.

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6. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 02.02.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6

To

1. The District Collector Krishnagiri District Krishnagiri

2. The Tahsildar Uthangarai Taluk Krishnagiri District 5/6

P.VELMURUGAN. J.

Ksa-2 02.02.2024 6/6