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Madras High CourtWP/3171/2022disposed of

D.Stanley Peter v. The Secretary To The Government Of Tamil Nadu

2022-02-21Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.3171 of 2022 D.Stanley Peter ... Petitioner vs.

The Secretary to the Government of Tamil Nadu, Commissioner of Land Reforms, Fort St.George, Chennai 600009.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other writ of like nature directing the respondent to dispose of the appeal dated 23.11.2021 challenging the order of the second respondent bearing Na.Ka.No.K2/5813/16 (land reforms) dated 17.07.2017 within a time frame.

For Petitioner :

Mr.I.Dhamodharan For Respondent :

Mr.M.Murali Government Advocate

ORDER

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct respondent to dispose of the appeal dated 23.11.2021 challenging the order of the second respondent bearing Na.Ka.No.K2/5813/16 (land reforms) dated 17.07.2017 within a time frame.

2.The case of the petitioner is that the petitioner was in possession and enjoyment of the agricultural land admeasuring an extent of 4.52 Acres comprised in Survey No.289/3 Appanayakkanpatti Village, Sulur Taluk, Coimbatore District. The said land originally belonged to Bhoodhan Board. The petitioner purchased the property from one S.R.Arumugam by a Sale deed dated 30.11.1989 with certain conditions. Thereafter the petitioner realized that assignee has no right to alienate the property as per Bhoodhan Board. Hence, he surrendered the said land to the Government and made request for assignment of land in his favour. The assignment application was rejected by the https://hcservices.ecourts.gov.in/hcservices/

Director of Land Reforms. Aggrieved by this order, petitioner preferred an Appeal before the respondent. Thereafter, the petitioner made a representation to the Directorate of Land Reforms on 10.09.2020 . However, till date no action has been taken. Hence, the present Writ Petition is filed. 3.Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's representation dated 10.09.2020 and pass orders on the same within a particular time frame fixed by this Court. 4.The Government Advocate has no objection for said order being passed and he fairly conceded that the petitioner's representation dated 10.09.2020 will be considered and appropriate orders will be passed within the time stipulated by this Court.

5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the respondent to consider the petitioner's representation dated 10.09.2020 on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition is accordingly disposed of. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar skt/gd To:

The Secretary to the Government of Tamil Nadu, Commissioner of Land Reforms, Fort St.George, Chennai 600009.

+1cc to Mr.L.Dhamodaran, Advocate, S.R.No.11222 +1cc to the Government Pleader, S.R.No.11990 W.P.No.3171 of 2022 SVI(CO) SB(16/03/2022) https://hcservices.ecourts.gov.in/hcservices/