Madras High CourtWP/13123/2020disposed of

U.Venkatesh v. The Additional Chief Secretary

2021-01-11Honourable Mr Justice N. Seshasayee3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2021 CORAM :

THE HON'BLE MR.JUSTICE N.SESHASAYEE W.P.No.13123 of 2020 U.Venkatesh ...

Petitioner Vs.

1.The Additional Chief Secretary cum Commissioner of Land Administration Ezhilagam, Chepauk Chennai - 600 005.

2.The District Revenue Officer Office of the District Collectorate Krishnagiri District.

3.The Sub Collector Sub Collector Office Hosur.

4.The Tahsildar Sub Collector Office Shoolagiri Krishnagiri District.

5.The Forest Settlement Officer Krishnagiri District.

6.The District Forest Officer Hosur.

...

Respondents [ R6 impleaded Vide order dated 11.01.2021 in WMP.No.17335 of 2020 in WP.No.13123 of 2020] Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 2 to 4 to consider the claim of the petitioner to issue patta in respect of land to an extent of 3 acres comprised in Survey Nos.26 and 109 situated at Nerigam Village, Shoolagiri Taluk, Krishnagiri District in pursuant to the proceedings No.126/2006 dated 17.05.2007 passed by the fifth respondent by considering the petitioner's representation dated 17.08.2020.

For Petitioner : Mr.A.Saravanan For Respondents : Mr.M.Manigopi Government Advocate [R1 to R5] Mr.S.Prabhu Additional Government Pleader [R6]

ORDER

The present petition is filed to consider the representation of the petitioner dated 17.08.2020. The petitioner seeks assignment of a certain property in S.Nos.26 and 109 situated at Nerigam Village, Shoolagiri Taluk, Krishnagiri District, which according to him, is under the enjoyment of his ancestors as well as his own enjoyment. The said property has been classified as 'Kadu Poromboke'.

2. Heard the learned counsel for the petitioner, Mr.M.Manigopi, learned Government Advocate for respondents 1 to 5, and Mr.S.Prabhu, learned Additional Government Pleader for the sixth respondent.

3. Mr.M.Manigopi, learned Government Advocate who has entered appearance for respondents 1 to 5 submits that the Forest Department has already given its views in the matter and the enquiry is scheduled to take place at 11.00 a.m., on 19.01.2021, in the office of the second respondent.

4. Inasmuch as the date for enquiry is fixed, no direction is required to be given except that the second respondent / District Revenue Officer is directed to hold an enquiry after issuing notice to all the parties who are likely to be affected by his decision, and after providing the parties a fair and effective hearing, and to dispose of the petitioner's representation dated 17.08.2020 strictly in accordance with law, through a speaking order within a period of twelve (12) weeks from the date of receipt of a copy of this order. The petitioner is now required to appear before the concerned authority on the date fixed for the enquiry.

5. The writ petition is disposed of accordingly. No costs.

6. Post the matter for reporting compliance on 07.04.2021. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar ds To:

1.The Additional Chief Secretary cum Commissioner of Land Administration Ezhilagam Chepauk Chennai - 600 005.