E.Subramanian, v. The Government Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.07.2017
CORAM
THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.17965 of 2017 E. Subramanian ... Petitioner v.
1.The Government Chief Secretary H.R & C.E. Department, Government of Tamilnadu, St. George Fort, Chennai.
2.The District Collector, Tirvannamalai - 606601, 3.The Commisssioner, H.R.&C.E. Department, Nungambakkam, Chennai-600034.
4.The Joint Commissioner, H.R.&C.E. Department, Villupuram, Villupuram District.
5.The Assistant Commissioner, H.R.&C.E., Tiruvannamalai, 6.The Revenue Divisional Officer, Cheyyar - 604 407, 7.The Tahsildar, Vandavasi, Vandavasi Taluk, 8.S.Viswanathan
9.Sengunthar Samudhaya Nala Sangam Reg. No. 32/2008, Rep. by its President.
... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of Mandamus, directing the respondents 1 to 3 herein to take immediate action as against the 8th respondent, who has got patta in his favour in the temple property to the extent of 9 acres and 2 cents bearing Survey No.181/2 of Government Poramboke Land with the help of the 6th respondent in accordance with law based upon the representation made by the petitioner on 30.08.2012 & 08.03.2017. For Petitioner : Mr.S. Kumara Devan For Respondents: Mr. M. Maharaja Special Government Pleader (HR&CE) R1 & 3 to 5 Mr. E. Balamurugan Additional Government Pleader (R2, 6 &7)
O R D E R
Mr. M. Maharaja, learned Special Government Pleader, takes notice for the respondents 1, 3, 4 & 5 and Mr. E. Balamurugan , learned Additional Government Pleader, takes notice for the respondents 2,6 and 7. By consent, the main writ petition is taken up for disposal, at the admission stage itself.
2. The petitioner has filed the above Writ Petition to issue a writ of Mandamus, directing the respondents 1 to 3, to take immediate action as against the 8th respondent, who has got patta in his favour, in the temple property measuring an extent of 9 acres and 2 cents in Survey No.181/2 of Government Poramboke Land with the help of the 6th respondent,based upon the representations made by him on 30.08.2012 & 08.03.2017. 3.The learned counsel appearing for the petitioner submitted that the 6th respondent had issued patta in favour of the 8th respondent erroneously and therefore, the petitioner has given representations to the respondents 1 to 3 to take action against the 8th respondent.
4. Mr. M.Maharaja, learned Special Government Pleader appearing for the respondents 1, 3, 4 & 5 submitted that the respondents 1 to 3 may be directed to consider the petitioner's representations and pass orders, in accordance with law.
5. In view of the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the respondents 1 to 3, to consider the petitioner's representations dated 30.08.2012 and 08.03.2017 and pass orders, in accordance with law, after giving notice to all the interested parties, within a period of twelve weeks from the date of receipt of a copy of this order. With this observation, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar nl/Rj To 1.The Government Chief Secretary H.R & C.E. Department, Government of Tamilnadu, St. George Fort, Chennai.
2.The District Collector, Tirvannamalai - 606601, 3.The Commisssioner, H.R.&C.E. Department, Nungambakkam, Chennai-600034.
4.The Joint Commissioner, H.R.&C.E. Department, Villupuram, Villupuram District.
5.The Assistant Commissioner, H.R.&C.E., Tiruvannamalai,
6.The Revenue Divisional Officer, Cheyyar - 604 407, 7.The Tahsildar, Vandavasi, Vandavasi Taluk, +1cc to Mr.S.Kumara devan, Advocate Sr.49743 W.P.No.17965 of 2017 srg 18/07/2017