M.Mohamaded Yasin v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.2011 of 2022 M.Mohamaded Yasin ... Petitioner Vs.

1.The District Collector, Office of District Collector, Kallakurichi, 2.The District Revenue Officer, Office of District Revenue Officer, Kallakurichi, 3.The Revenue Divisional Officer, Kallakurichi, 4.The Tahsildhar, Kallakurichi Taluk, Kallakurichi.

5.The Revenue Inspector, Alattur, Kallakurichi.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to directing the first respondent to consider the petitioner representation dated 11.05.2021 for reassignment of the land comprised in S.No.80/1, 80/2, 78/6, 69/2, 52, 68/2, 71/1, 72/2 situated at Alattur Village, Kallakurichi District. For Petitioner : Mr.Myilsamy For Respondents : Mr.T.Chezhiyan Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus, to direct the first respondent to consider the petitioner's representation dated 11.05.2021 for reassignment of the land comprised in S.No.80/1, 80/2, 78/6, 69/2, 52, 68/2, 71/1, 72/2 situated at Alattur Village,

2. The case of the petitioner is as follows:

The petitioner's grand father owned a land comprising Survey No.80/1, 80/2, 78/6, 69/2, 52, 68/2, 71/1, 72/2 situated at Alattur Village, Kallakurichi District. For non payment of agricultural tax, the land was taken over by the government and there was an announcement for sale by public auction for the purpose of recovering the arrears. None purchased the subject property through public auction and therefore, the Government retained the subject matter property as "Punjai Tharisu". Thereafter, the petitioner made a representation to the first respondent dated 11.05.2021 for reassignment of the land on receipt of the land arrears from the petitioner, but till date no order was passed. Hence this Writ Petition was filed.

3. The learned counsel appearing for the petitioner submitted that already the Tahsildar has conducted the enquiry and the report was transferred to the District Collector and therefore, the learned counsel for the petitioner would submit that it would suffice if a direction is issued to the District Collector to consider the petitioner's representation dated 11.05.2021.

4. The learned Additional Government Pleader appearing on behalf of the respondents submitted that appropriate orders will be passed within a period of twelve weeks.

5. Without expressing any opinion on the merits of the case of the petitioner, this Court directs the first respondent to consider the petitioner's representation dated 11.05.2021 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR psa/jd To 1.The District Collector, Office of District Collector, Kallakurichi, 2.The District Revenue Officer, Office of District Revenue Officer, Kallakurichi, 3.The Revenue Divisional Officer, Kallakurichi, 4.The Tahsildhar, Kallakurichi Taluk, Kallakurichi.

5.The Revenue Inspector, Alattur, Kallakurichi.

+1cc to Mr.K.Myilsamy, Advocate Sr.8523 +1cc to the Government pleader Sr.9039 W.P. No.2011 of 2022 gpl[co] srg 03/03/2022