Madras High CourtWP/12970/2021disposed of

K.Eswaramoorthy v. The Commissioner Of Land Asministration

2021-06-21Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2021

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN W.P.No. 12970 of 2021 K.Eswaramoorthy, S/o. Karuppan ... Petitioner

Versus

1. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.

2. The District Collector, Namakkal District, Namakkal.

3. The Revenue Divisional Officer, Rasipuram,

4. The Tahsildar, Rasipuram Taluk, ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to issue patta in the petitioner name for the property at S.No.402, Akkaraipatti Village, Rasipuram Taluk, Namakkal District under Ex-Servicemen Scheme in the light of the G.O. No.1750 (Revenue) dated 13.05.1963 by considering the petitioner's representations dated 11.08.2015, 08.02.2018 and 15.03.2021.

For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.Yogesh Kannadasan, Govt. Advocate for R1 to R4

O R D E R

(The case has been heard through video conference) This Writ Petition has been filed seeking a direction directing the respondents to issue patta in the petitioner name

for the property at Survey No. 402, Akkaraipatti Village, Rasipuram Taluk, Namakkal District under the Ex-Servicemen Scheme by considering the petitioner's representations dated 11.08.2015, 08.02.2018 and 15.03.2021.

2. The petitioner was an Ex-Serviceman. The grievance of the petitioner is that, he was in possession and enjoyment of Government poramboke land in Survey No.402, situated at Akkaraipatti village, Rasipuram Taluk, Namakkal District from the year 1982 and he is also cultivating the land. Earlier, he has filed an application for issuance of patta, but, so far, his application was not considered. In the meanwhile, the Assistant Director of Ex-Servicemen Welfare Board has also requested the District Revenue Officer, Namakkal District to consider petitioner's application, despite that, his application was not considered and no order has been passed on it. Hence, the present Writ Petition has been filed by the petitioner.

3. Considering the limited prayer sought in the Writ Petition, without going into the merits of the case, the 2nd respondent is directed to consider the petitioner's application and pass suitable orders on merits in accordance with law after giving opportunity to the petitioner within a period of twelve weeks from the date of receipt of copy of this order. Accordingly, this Writ Petition stands disposed of. No costs. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar rpp To

1. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.

2. The District Collector, Namakkal District, Namakkal.

3. The Revenue Divisional Officer, Rasipuram,

4. The Tahsildar, Rasipuram Taluk, +1cc to Mr.R.Jayaprakash, Advocate, S.R.No.28549 +1cc to the Government Pleader, S.R.No.28735 W.P.No. 12970 of 2021 PL(CO) CB(16/07/2021)