Pattammal v. The Tamil Nadu State Bhoodan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.22356 of 2018 Tmt.Pattammal .. Petitioner Vs 1.The Tamil Nadu State Bhoodan Yagna Board, Represented by its Member Secretary / The Commissioner of Land Reforms, Ezhilagam, Kamarajar Salai, Chepauk, Chennai - 600 005.

2.The District Collector, Villupuram District, Villupuram.

3.The Bhoodan Inspector (Dharmapuri Region), O/o.The District Collectorate, Dharmapuri District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, directing the respondents to dispose the petitioner's representation dated 28.01.2013 and 24.05.2018 regarding assignment of 3 cent house site patta as per Bhoodan Yagna Scheme to the petitioner in S.No.154/2B1, 2B2 and 2B3, situated at Thachur Village, Kallakurichi Taluk, Villupuram District, within the time stipulated by this Court.

For Petitioner : Mr.R.Kumaravel For Respondents : Mr.V.Jayaprakash Narayanan Special Government Pleader

O R D E R

The petitioner has come up with this petition, directing the respondents to dispose of her representations dated 28.01.2013 and 24.05.2018.

2. The case of the petitioner is that the land situated at Thachur Village, Kallakurichi Taluk, Villupuram District in S.No.154/2B (New S.Nos.2B1, 2B2 and 2B3) measuring to an extent of 2.48 acres is vested with Bhoodhana Board / 1st respondent, vide Ref.No.B3/4043-64, dated 06.04.1965. The petitioner

submitted a representation dated 28.01.2013 and reminder dated 24.05.2018 to the first respondent to allot 3 cents of house site patta, as per Bhoodan Yagna Scheme from the aforesaid land. On receipt of the same, the first respondent by his proceedings in Na.Ka.Aa.No.10/12191/2013, dated 18.04.2013, directed the third respondent to conduct an enquiry and send a report, so as to consider the claim of the petitioner. Despite the same, no enquiry was conducted and no order was passed. Hence, the petitioner is before this Court.

3. The learned Special Government Pleader appearing for the respondents, on instructions, submitted that the representation of the petitioner would be considered on merits and in accordance with law.

4. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 28.01.2013 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as any other interested parties, within a period of six weeks, from the date of receipt of a copy of this order.

5. With the above direction, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ms To 1.The Member Secretary / The Commissioner of Land Reforms, The Tamil Nadu State Bhoodan Yagna Board, Ezhilagam, Kamarajar Salai, Chepauk, Chennai - 600 005.

2.The District Collector, Villupuram District, Villupuram.

3.The Bhoodan Inspector (Dharmapuri Region), O/o.The District Collectorate, Dharmapuri District.

+1cc to Mr.R.Kumaravel, Advocate, S.R.No.64217 +1cc to the Government Pleader, S.R.No.64158 W.P.No.22356 of 2018 NRI(CO) rrs 04/10/2018