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Madras High CourtWP/14208/2020disposed of

Muthu Durairaj v. State Of Tamil Nadu

2020-10-09Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:09.10.2020

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.14208 of 2020 Muthu. Durairaj ... Petitioner ..Vs..

1. The State of Tamil Nadu, Represented by Secretary, Revenue Department, Fort St.George, Chennai - 600 009.

2. Government of Tamil Nadu, Represented by Secretary, Land Administration, Fort St.George, Chennai - 600 009.

3. The Special Commissioner and Commissioner, Land Administration Department, Chepauk, Chennai - 600 005.

4. District Collector, Cuddalore District, Cuddalore.

5. District Revenue Officer, Cuddalore.

6. Sub Collector, Chidambaram, Cuddalore District.

... Respondents This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the request of the petitioner for assignment of lands measuring 0.53.5 Hectares i.e., 1 Acre and 33 cents of naja lands in R.S.No.45/5, C.Thandeswaranallur Village, Chidambaram Taluk, Cuddalore

District in favour of the petitioner within a stipulated time. For Petitioner : Mr.A.Muthukumar For Respondents: Mr. M.Mani Gopi Government Advocate

ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondents to consider the representation made by the petitioner on 19.06.2020, wherein the petitioner is seeking for assignment of the subject property in his favour.

2.

The case of the petitioner is that the petitioner was working in the Indian Army and while discharging his duties, he was grievously injured and therefore he was discharged from service. Thereafter, considering the services made by him to the Nation, the Government seems to have permitted the petitioner to utilize the subject property for the purpose of doing agriculture. The further case of the petitioner is that he is doing agriculture in the subject property for more than 30 years. The petitioner has made several representations seeking for assignment of land in his favour under the ex-servicemen quota. Since the same has not been considered, the present writ petition has been filed.

3.

Heard Mr.A.Muthukumar, learned counsel for the petitioner and Mr.M.Mani Gopi, learned Government Advocate, appearing on behalf of the respondents.

4.

Taking into consideration, the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the sixth respondent to consider the representation made by the petitioner on 19.06.2020 and pass appropriate orders strictly in accordance with law within a period of four weeks from the date of receipt of copy of this order.

5.

This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

lpp/rm To 1.The Secretary, State of Tamil Nadu, Revenue Department, Fort St.George, Chennai - 600 009.

2.Government of Tamil Nadu,Represented by secretaty, Land Administration, Fort St.George, Chennai - 600 009.

3.The Special Commissioner and Commissioner, Land Administration Department, Chepauk, Chennai - 600 005.

4.The District Collector, Cuddalore District, Cuddalore.

5.The District Revenue Officer, Cuddalore.

6.The Sub Collector, Chidambaram, Cuddalore District.

+1 cc to M/s.A.Muthukumar, Advocate Sr.No. 33499 +1 cc to The Government Pleader, Advocate Sr.No. 33708 W.P.No.14208 of 2020 MTI(CO) RMP(09/11/2020)