L.Balachandar v. The Principal Secretary And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:24.06.2016
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.21645/2016 1.L.Balachandar 2.L.Sudharsan Rao 3.L.Vijendra Rao 4.L.Srinivasa Rao 5.L.Venkatesa Rao 6.L.Neelakanda Rao 7.Mrs.Vijayalakshmi ..Petitioners -Versus1.The Principal Secretary & Commissioner of Land Administration, Chepauk, Chennai 600 005.
2.The District Collector Krishnagiri District, Krishnagiri.
3.The Tahsildar, Krishnagiri Taluk, Krishnagiri.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the respondents herein to consider the representation of the petitioner dated 29.04.2016 for assigning the land in RS.No.355 [Chinnamanvaranhalli], Veppanahalli SRD, Krishnagiri Taluk and Krishnagiri District measuring 37 Hectares [91.39 acres] to the petitioners subject to any conditions imposed with regard to the same within a time frame to be fixed by this Court.
For Petitioners : Mr.M.D.Thirunavukkarasu For Respondents : Mr.R.Govindasamy, Spl.Govt.Pleader
ORDER
By consent, the writ petition is taken up for final disposal.
The petitioners would state that the lands admeasuring to an extent of 37 Hectares [91.39 acres] in Rs.No.355, Chinnamanvaranhalli, Veppanahalli SRD, Krishnagiri https://hcservices.ecourts.gov.in/hcservices/
Taluk and District, originally belong to the great grandfather of the petitioner through a registered Sale Deed bearing Document No.1241/1899 dated 26.06.1899, registered on the file of the Sub Registrar, Krishnagiri and was in possession and enjoyment of the same. After his demise, the legal heirs succeeded the estate and they also partitioned the properties. However, to their shock and surprise, at the time of resettlement, the said lands have been classified as Grazing Poramboke. The grievance expressed by the petitioners is that before such a classification, the petitioners were not at all put on notice and in this regard, they have submitted a representation dated 29.04.2016 to the respondents and since no orders have been passed, they came forward to file the present writ petition.
Heard the learned counsel for the petitioner and Mr.R.Govindasamy, learned Special Government Pleader who accepts notice on behalf of the respondents.
Though the petitioners have prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the 3rd respondent to consider and dispose of the petitioners' representation dated 29.04.2016 on merits and in accordance with law and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners. The writ petition is disposed of with the above direction. No costs.
AP Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Principal Secretary & Commissioner of Land Administration, Chepauk, Chennai 600 005.
2.The District Collector Krishnagiri District, Krishnagiri.
3.The Tahsildar, Krishnagiri Taluk, Krishnagiri.
+ 1 cc to Mr.M.D.Thirunavukkarasu, Advocate Sr 35868 + 1 cc to The Govt.Pleader, Sr 35547 KR/6/7/16 W.P.No.21645/2016 https://hcservices.ecourts.gov.in/hcservices/