Lakshmamma v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2019

CORAM

THE HONOURABLE Mr.JUSTICE M.DHANDAPANI W.P. 23739 of 2009 and M.P. 1 of 2009 Lakshmamma ... Petitioner Vs

1. The District Collector, Collectorate, Krishnagiri District, Krishnagiri.

2. The Tahsildar, Taluk Office, Hosur, Krishnagiri Dt.

3. The President, Channathur Village, Hosur Taluk, Krishnagiri Dt.

4. The Executive Officer, Chennathur Village, Hosur Taluk, Krishnagiri Dt.

5. The Village Administrative Officer, Chennathur Village, Hosur Taluk, Krishnagiri Dt.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents from in any way dispossessing the petitioner herein from the agricultural lands measuring 3.66 acres in S.F.No.Suvey No.1012/1, Chennathur Village, Hosur Taluk, Krishnagiri District, except under due process of law.

For Petitioner : Ms.K.Chitharanjani For Respondent : Mrs.K.Bhuvaneswari, Addl. Govt. Pleader R1 to R5

O R D E R

This Writ Petition has been filed seeking a direction to forbear the respondents from anyway dispossessing the petitioner from the agricultural lands measuring 3.66 acres in Survey No.1012/1, Chennathur Village, Hosur Taluk, Krishnagiri District except due process of law.

2. The learned counsel appearing for the petitioner would submit that the petitioner is in occupation of 3.66 acres of agricultural land and from the date of occupation, he is continuously enjoying the agriculture property from the year 1974 onwards and right from 1974, he has repeatedly made representations for assigning the lands in favour of the petitioner for doing agricultural purpose. But, till the date of filing the Writ Petition, his representation was not considered and in the year 2009, there was a threat of acquiring the land. Hence, the petitioner has filed the present Writ Petition. The learned counsel would further submit that this Court may direct the respondents to consider the petitioner's representation and pass appropriate orders.

3. The learned Addl. Government Pleader appearing for the State has conceded the request made by the learned counsel appearing for the petitioner.

4. In view of the above, without expressing any opinion, the 1st and 2nd respondents are directed to consider the petitioner's representation within a period of eight weeks from the date of receipt of the copy of this order. If the petitioner's occupation is illegal and against the revenue standing orders, it is open to the respondents 1 and 2 to pass appropriate orders against the petitioner. Accordingly, the present Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rpp To

1. The District Collector, Collectorate, Krishnagiri District, Krishnagiri.

2. The Tahsildar, Taluk Office, Hosur, Krishnagiri Dt.

3. The Executive Officer, Chennathur Village, Hosur Taluk, Krishnagiri Dt.

4. The Village Administrative Officer, Chennathur Village, Hosur Taluk, Krishnagiri Dt.

5.The President, Channathur Village, Hosur Taluk, Krishnagiri Dt.

+1cc to Mr.K.Govi Ganesan , Advocate SR.No. 60415 +1 cc to Government Pleader Sr.No. 61255 W.P. 23739 of 2009 and M.P. 1 of 2009 A.SK(07/08/2019)