R.T.Subramani v. The Commissioner Of Land Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.14532 of 2021 RT.Subramani, S/o. Theerthan ... Petitioner Vs.
1. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.
2. The District Collector, Dharmapuri District, Dharmapuri.
3. The District Revenue Officer, Dharmapuri District, Dharmapuri.
4. The Revenue Divisional Officer, Pappireddypatti, Dharmapuri Dt.
5. The Tahsildar, Pappireddypatti Taluk, Dharmapuri Dt.
... Respondents Prayer : Writ Petition 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 comprised in Survey No.99/2A, Regadahalli Village, Pappireddypatti Taluk, Dharmapuri District to an extent of 0.35.0 hectares under the Ex-servicemen scheme in the light of G.O. No.1750 (Revenue), dated 13.05.1963 by considering the petitioner's representations dated 18.06.2019 and 25.11.2019. For Petitioner :
Mr.R.Jayaprakash For Respondents :
Mr.Yogesh Kannadasan, Government Advocate
O R D E R
(The case has been heard through video conference) The Writ Petition has been filed seeking a direction directing the respondents to consider the petitioner's representations dated 18.06.2019 and 25.11.2019 and to issue patta in his name.
2. According to the petitioner, the petitioner claims to be an Ex-Serviceman and he is in possession and enjoyment of Government poramboke land in Survey No.99/2A, situate at Regadahalli Village, Pappireddypatti Taluk, Dharmapuri District to an extent of 0.35.0 hectares and he is also paying 'B' memo charges. Earlier, the petitioner has filed an application seeking for assignment of land in his favour as early as on 18.06.2019 and the same was rejected by the 5th respondent Tahsildar on the ground that, the lands contained hard rock substance, and hence, it is not fit for cultivation. Subsequently, he has removed all the hard rock substance available in the land and converted it into cultivable land and doing cultivation. Thereafter, he has sent a representation dated 18.06.2019 to the respondents seeking for assignment of land, but so far, the petitioner's representation was not considered and no order has been passed in 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 representation and to pass suitable orders on merits in accordance with law after hearing the petitioner within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar rpp
To
1. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.
2. The District Collector, Dharmapuri District, Dharmapuri.
3. The District Revenue Officer, Dharmapuri District, Dharmapuri.
4. The Revenue Divisional Officer, Pappireddypatti, Dharmapuri Dt.
5. The Tahsildar, Pappireddypatti Taluk, Dharmapuri Dt.
+1cc to Mr.R.Jayaprakash, Advocate, S.R.No.33603 W.P.No.14532 of 2021 GPL(CO) SU(25/08/2021)