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Madras High CourtWP/33339/2017disposed of

S.Chinammal, v. The Secretary

2017-12-20Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2017

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.33339 of 2017 S.Chinammal W/o.Ramasami ... Petitioner versus 1.The Secretary to the Government, Revenue Department, Secretariat, Chennai - 09.

2.The Principal Secretary cum Commissioner of Land Administration, Chepauk, Chennai - 5.

3.The Principal Secretary cum Commissioner of Revenue Administration, Revenue Department, Chepauk, Chennai - 5.

4.The District Collector, Collectorate, Salem.

5.The District Revenue Officer, Collectorate, Salem.

6.The Revenue Divisional Officer, Attur Taluk, Salem District.

7.The Tahsildhar, Attur Taluk & Post, Salem District.

...Respondents

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 4th respondent herein to consider the petitioner's representation dated 03.10.2017 and reminder representations dated 10.11.2017 in the light of Government Order dated 19.09.2005 made in G.O.Ms.NO.183 Co-operative food and Consumer CP2 department to

issue Patta in favour of the petitioner name in bearing S.No.19/1 admeasure of 2.17.0 hectare which is situated in Sivasankarapuram Village, Attur Taluk, Salem District belongs to the petitioner.

For Petitioner : Mr.A.Rajakumar For Respondents: Mr.P.V.Selvakumar Additional Government Pleader

O R D E R

Mr.P.V.Selvakumar, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2.Heard both sides.

3. The petitioner seeks for mandamus directing the fourth respondent to consider her representation dated 03.10.2017, followed by the reminder dated 10.11.2017, wherein and whereby she sought for issuance of Patta in the light of the Government Order made in G.O.Ms.No.183 Co-operative Food and Consumer Department dated 19.09.2005.

4. The grievance of the petitioner before this Court is that the said representation has not been considered so far. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the fourth respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the fourth respondent to consider the representation of the petitioner dated 03.10.2017 and pass orders on the same on merits and in accordance with law, after hearing rival claimants, if any. Such exercise shall be done by the fourth respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS IV) //True copy// Sub Assistant Registrar mk

To 1.The Secretary to the Government, Revenue Department, Secretariat, Chennai - 09.

2.The Principal Secretary cum Commissioner of Land Administration, Chepauk, Chennai - 5.

3.The Principal Secretary cum Commissioner of Revenue Administration, Revenue Department, Chepauk, Chennai - 5.

4.The District Collector, Collectorate, Salem.

5.The District Revenue Officer, Collectorate, Salem.

6.The Revenue Divisional Officer, Attur Taluk, Salem District.

7.The Tahsildhar, Attur Taluk & Post, Salem District.

+1cc to Mr.A.Raja Kumar, Advocate SR.No.91013 +1cc to Government Pleader SR.No.91470 W.P.No.33339 of 2017 PVS(CO) GN(17/01/2018)