Thambithurai v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.3533 to 3535 of 2015 Thambithurai ... Petitioner in W.P.No.3533 of 2015 Bagirathi Ammal ... Petitioner in W.P.No.3534 of 2015 Mrs.Seethalakshmi ... Petitioner in W.P.No.3535 of 2015 Vs.
1.The Government of Tamil Nadu Rep. by the District Collector Cuddalore District Cuddalore - 607 001.
2.The Tahsildar Taluk Office Chidambaram - 608 001 3.The Village Administrative Officer Salianthope Village Chidambaram Taluk.
4.S.S.Maniyan ... Respondents in all the W.Ps.
Common Prayer:
Petitions filed under section 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd respondent to issue adangal extract to the petitioners for the lands in R.S.No.116/1, 116/2, 116/4, 120/1 and 120/2, R.S.No.117 and 118 and R.S.No.29 and 115/3 respectively, Salianthope Village, Chidambaram Taluk, Cuddalore District in the petitioners' name in view of their possession and enjoyment as recorded cultivating tenant within the stipulated time fixed by this Hon'ble Court.
For Petitioner : Mr.J.Antony Jesus For Respondents : Mr.S.Gunasekaran for R1 to R3 Government Advocate C O M M O N O R D E R Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 to 3. With the consent of either side, this writ petition is taken up for final disposal at the admission stage itself. 2.The relief sought for in these writ petitions are for issuance of Mandamus directing the 3rd respondent to issue adangal extract to the petitioners for the lands in R.S.No.116/1, 116/2, 116/4, 120/1 and 120/2, R.S.No.117 and 118 and R.S.No.29 and 115/3 respectively, Salianthope Village, Chidambaram Taluk, Cuddalore District in their name, in view of their possession and enjoyment as recorded cultivating tenant within the stipulated time fixed by this Hon'ble Court.
3.According to the petitioners, inspite of they having succeeded before the civil court and obtained order of decree injunction in O.S.Nos.63 of 2008 dated 19.06.2008 on the file of the learned Principal District Munsif Court, Chidambaram, 204 of 2007 dated 27.04.2009 on the file of the learned Additional District Munsif Court, Chidambaram and 203 of 2007 dated 27.04.2009 on the file of the learned Principal District Munsif Court, Chidambaram respectively, the adangal in respect of the property which is the subject matter of these writ petitions has not been given to the petitioners. Representation in this regard have been given to the respondents 1 to 3 on 11.07.2013, 12.07.2013 and 12.07.2013 respectively and the same have been received by the respondents as evidenced by the postal acknowledgement cards. 4.However, since the writ petitions are disposed of without notice to the fourth respondent, the merits of the allegations made by the petitioners against the fourth respondent are not gone into at this stage and are left open to be taken note by the competent authority.
5.In the light of the above, there will be a direction upon the second respondent to consider the petitioners representations dated 11.07.2013, 12.07.2013 and 12.07.2013 respectively after issuing notice to the petitioners and the fourth respondent and after affording opportunity of personal hearing and pass a reasoned order on merits and in accordance with law within a period of four months
from the date of receipt of a copy of this order. 6.These writ petitions are disposed of with the above direction. No costs.
Sd/- Assistant Registrar / True copy / Sub Assistant Registrar pri To 1.The District Collector Government of Tamil Nadu Cuddalore District Cuddalore - 607 001.
2.The Tahsildar Taluk Office Chidambaram - 608 001 3.The Village Administrative Officer Salianthope Village Chidambaram Taluk.
+ three ccs to M/s.I.Antony Jesus, Advocate (SR.7744 to 7748) + one cc to Government Pleader, High Court, Madras-104 SR.7911 W.P.Nos.3533 to 3535 of 2015 RSK(CO) VS 24/02/15