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Madras High CourtWP/4833/2015disposed of

Mr. Muthukrishnan, v. The Collector,

2021-07-16Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.NO.4833 OF 2015 AND M.P.NO.1 OF 2015 Mr.Muthukrishnan .. Petitioner

Versus

1.The Collector Kancheepuram District Kancheepuram 2.The Tahsildar Madurantakam Taluk Office Madurantakam Kancheepuram District 3.The Revenue Inspector Achirupakkam Sub Division Madurantakkam Taluk Kancheepuram District .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st and 2nd respondents to consider and pass orders on the petitioner's representation dated 02.02.2015 requesting them to assign the Meyakkal Poramboke land comprised in S.No.405/3 measuring 8 Hec. situated at Aathur Village, Acharapakkam Sub Division, Madurantakkam Taluk, Kancheepuram District in favour of the petitioner in exchange of similar extent of land and development charges.

For Petitioner :

Mr. N. Nagu Sah For Respondents:

Mr. G. Krishnaraja Government Advocate

O R D E R

The present writ petition has been filed by the petitioner seeking to issue a Writ of Mandamus directing respondents 1 & 2 to consider his representation dated 02.02.2015 to assign the Meyakkal Poramboke land comprised in S.No.405/3 measuring 8

Hectares situated at Aathur Village, Acharapakkam Sub Division, Madurantakkam Taluk, Kancheepuram District and to pass orders in his favour in exchange of similar extent of land and development charges.

2.

The petitioner claims himself to be an agriculturalist residing in Aathur Village, Acharapakkam Sub Division, Madurantakkam Taluk, Kancheepuram District with his family and he is cultivating the aforesaid Meyakkal Poromboke land. According to the petitioner, his entire family is solely depending upon the income accrued from the said agricultural land, apart from that, they have no other source of income for leading their life. While this being the situation, he sent a representation dated 02.02.2015 to the respondents, requesting them to issue Patta in his favour in respect of the said agricultural land, however, the said representation has not been considered by the respondents. On the contrary, the respondents 2 & 3 are attempting to evict the petitioner from the said agricultural land, where he is doing agriculture. Hence, the petitioner has come before this Court with the present writ petition.

3. The learned counsel for the petitioner would submit that the petitioner made his representation in the year 2015, however, without considering the same, the respondents kept it in cold storage. He therefore pray this Court to issue appropriate direction to the respondents to consider the petitioner's representation and pass appropriate orders on merits and in accordance with law.

4. The learned Government Advocate appearing for the respondents would fairly submit that the petitioner's representation will be duly considered by the respondents and necessary orders will be passed thereon, within a time frame, as stipulated by this Court.

5. Heard the learned counsel on both sides and perused the materials placed before this Court. In the light of the submission of the learned counsel on either side and having regard to the nature of prayer sought by the petitioner, this Court, without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 02.02.2015 and pass appropriate orders on merits and in accordance with law, as expeditiously as possible, preferably, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner.

6. This Writ Petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mrr/rsh To 1.The Collector, Kancheepuram District, Kancheepuram.

2.The Tahsildar, Madurantakam Taluk Office, Madurantakam, Kancheepuram District.

3.The Revenue Inspector, Achirupakkam Sub Division, Madurantakkam Taluk, Kancheepuram District.

+1cc to the Government Pleader, S.R.No.34310 WP No. 4833 of 2015 JPL(CO) PM/17/09/2021