Mrs. Anjanamma W/O. Late v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. No. 14259 of 2020 and WMP No.17730 of 2020

1. Anjanamma

2. Anjula

3. Rathinamma

4. Indira. V.

5. Shakunthala

6. Geetha

7. Hemantha Reddy

8. Srinivas Reddy

9. N. R.Lakshmi

10. Susilamma

11. Swetha Reddy D/o. late Damodhara Reddy, rep. herself and also as Power Agent of Petitioners 1 to 10

...Petitioners

Vs

1. The Government of Tamil Nadu, rep. by its Secretary, Land Reforms, Fort St. George, Chennai 600 009.

2. The Commissioner, Land Administration, Ezhilagam, Chepauk, Chennai 600 005

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to pass orders on the petitioner's representation dated 20.01.2020.

For petitioners ...

Mr. V.Viswanathan For respondents ...

Mr. S.N. Parthasarathy, Government Advocate

ORDER

This writ petition has been filed seeking a direction to consider the petitioner's representation dated 20.01.2020 and pass orders.

2. According to the petitioners, a proceeding has been initiated under the Tamil Nadu Land Reforms (fixation of Ceiling on Land) Amendment Act, against the petitioner's land, against which an appeal was filed before the Land Tribunal, Madurai. The Land Tribunal, Madurai, by an order dated, 30.09.1985, has set aside the order passed by the Authorised Officer, Land Reforms, Erode, and directed him to conduct personal inspection and pass orders. Thereafter, so far, no personal inspection was conducted and no order has been passed. Hence, the present writ petition has been filed.

3. Earlier when the matter was taken up for hearing, on 19.04.2021, this Court directed the learned Government Advocate to get instructions as to whether any order has been passed by the Authorised Officer, Land Reforms, Erode.

4. Today, when the matter is taken up for hearing, the learned Government Advocate, appearing for the respondents would submit that originally, the Authorised Officer, Land Reforms, was empowered to conduct enquiry, subsequently, in the year 2015, the Government has vested the power with the concerned Revenue Divisional Officer and hence, the Revenue Divisional Officer, Hosur, has to proceed with the inspection and pass suitable orders.

5. The learned Government Advocate, on instructions, would submit that the Revenue Divisional Officer, Hosur, will complete the inspection and pass orders within a period of 12 weeks.

6. Considering the facts and circumstances and the submission made by the learned Government Advocate, the petitioners are directed to file a copy of the order passed by

the Land Tribunal, Madurai, dated 30.09.1985 along with fresh representation to the Revenue Divisional Officer, Hosur, within a period of one week from the date of receipt of a copy of this order, on receipt of the same, the Revenue Divisional Officer, Hosur, is directed to pass suitable orders on merits and in accordance with law, within a period of twelve (12) weeks thereafter. No costs. Consequently, connected miscellaneous petition is closed.

-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar mrp To

1. The Secretary, Government of Tamil Nadu, Land Reforms, Fort St. George, Chennai 600 009.

2. The Commissioner, Land Administration, Ezhilagam, Chepauk, Chennai 600 005 +1 CC to Mr.V. Viswanathan, advocate sr 26171. +1 CC to The Government Pleader sr 26375.

W.P. No.14259 of 2020 KJ(CO) SP(09/07/2021)