Madras High CourtWP/17813/2015disposed of

M.Muniyandi, v. The Special Commissioner,

2015-06-23Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23-06-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.17813 of 2015 M.Muniyandi .. Petitioner vs 1.The Special Commissioner (Land Administration) Chepauk, Chennai 600 005 2.The Principal Secretary/ Commissioner of Rehabilitation Chepauk, Chennai 600 005 .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 and 2 to dispose of the petitioner's representation dated 15.4.2015, and consequently, directing the respondents 1 and 2 to provide and assign alternative site place in Agaramthan Village, Tambaram Taluk, Kancheepuram District.

For Petitioner : Mr.D.Bharathy For Respondents : Mr.Rm.Muthukumar Government Advocate

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The petitioner claims that he is a repatriate from Srilanka and as per the Indu Srilanka agreement, which came into being in the year 1964, he migrated to India and settled at Chennai and as per the orders of the Collector of Kancheepuram District, he was assigned a poramboke land admeasuring to an extent of 2.15 acres in Survey No.2371/1 and 101 in Agaramthen Village, Tambaram Taluk and he claims to be in possession right from the year 1973 and using the land for agricultural purposes. According to the petitioner, he is also issued with chitta and adangal and the revenue records also stand in his name.

3.The grievance expressed by the petitioner, is that though he sought for assignment of the said land, it has not been given to him alleging that it is a river poramboke, and the petitioner, in this regard, has initially sent a lawyer's notice dated 5.12.2013, for which, the second respondent has sent a reply stating that a report has been called for from the Collector of Kancheepuram District and thereafter, he will be informed the decision taken, and https://hcservices.ecourts.gov.in/hcservices/

since the petitioner has not been given any information as to the fate of his earlier representation in the form of lawyer's notice, he submitted one more representation dated 15.4.2015, to the respondents as well as to the Commissioner for Refugee Relief and since he has not been favoured with any kind of response, came forward to file this writ petition.

4.Heard the submissions of the learned Counsel appearing for the petitioner, and Mr.Rm.Muthukumar, learned Government Advocate, who accepted notice on behalf of the respondents. 5.This Court, without going into the merits of the claim projected by the petitioner in this writ petition, directs the respondents to consider and dispose of the petitioner's representation dated 15.4.2015, in accordance with law, after putting on notice to the persons concerned, within a period of 10 weeks from the date of receipt of a copy of this order and inform the decision taken, to the petitioner as well as to the persons concerned. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar nsv To:

1.The Special Commissioner (Land Administration) Chepauk, Chennai 600 005 2.The Principal Secretary/ Commissioner of Rehabilitation Chepauk, Chennai 600 005.

1 cc to Mr.D.Bharathy , Advocate Sr.No.30664 1 cc to Government Pleader.Sr.No.30880 W.P.No.17813 of 2015 lrs(co) pmk.2.7.2015 https://hcservices.ecourts.gov.in/hcservices/