P.Tharabai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.8376 of 2022 P.Tharabai

...Petitioner

vs.

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Tahsildar, Sriperumbudur Taluk, Sriperumbudur.

3. The Special Tahsildar, SIPCOT Unit-3, Orgadam Expansion Scheme, Sriperumbudur, Kancheepuram District.

4. The Sub-Registrar, Walajabad Sub Registration District, Walajabad, Kancheepuram Distirct.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider and dispose of the petitioner representation dated 31.12.2021 in the manner know to law.

For Petitioner :

Mr.J.Kamaraj For Respondents :

Mr.P.Sathish Additional Government Pleader

ORDER

This writ petition has been filed seeking for a issuance of a writ of Mandamus to direct the respondents to consider and dispose of the petitioner representation dated 31.12.2021.

2. The case of the petitioner is that petitioner's father one Ponnusamy purchased the land measuring an extent of 1.28 cents out of 2.56 Acres comprised in S.No.100/3 of Sennakuppam Village, Kancheepuram District from one Venkatapathi Naidu vide Sale deed dated 27.10.1959. After the death of said Ponnusamy, his legal heirs were in possession and enjoyment of the said property. When the petitioner and the legal heirs of said Ponnusamy decided to divide the property by way of a partition, they came to know that an award was passed and the above said land was acquired by the 3rd respondent. Since the petitioner or other legal heirs of said Ponnusamy did not receive any compensation for the said acquisition, he made a representation dated 31.12.2021 to the respondents to release the land from said acquisition proceedings but the respondents have not acceded to the petitioner's representation. Whileso, the petitioner has come up with the present Writ Petition seeking the aforesaid relief.

3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioners submits that it would suffice if this Court issues direction to the respondents to consider the petitioners representation dated 31.12.2021 and pass orders on merits within a particular time frame to be fixed by this Court.

4. The learned Additional Government Pleader for respondents has no objection for said order being passed.

5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the petitioners representation dated 31.12.2021 and pass appropriate orders on merits and in accordance with law, after affording opportunity to the petitioner and aggrieved parties if any, within a period of twelve weeks from the date of receipt of a copy of this order.

6. This writ petition is accordingly disposed of. No costs. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rap/psa

To

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Tahsildar, Sriperumbudur Taluk, Sriperumbudur.

3. The Special Tahsildar, SIPCOT Unit-3, Orgadam Expansion Scheme, Sriperumbudur, Kancheepuram District.

4. The Sub-Registrar, Walajabad Sub Registration District, Walajabad, Kancheepuram Distirct.

+1cc to M/s.J.Kamaraj, Advocate, S.R.No.23461 +1cc to the Government Pleader, S.R.No.23865 W.P.No.8376 of 2022 SSN(CO) SU(28/04/2022)