Madras High CourtWP/6721/2015disposed of

J.Ellappa, v. The Government Of Tamil Nadu,

2015-03-11Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.6721/2015 J.Ellappa

...Petitioner

Versus

1. The Secretary to Government Government of Tamil Nadu Survey and Land Records Fort ST George, Chennai-9.

2. The District Collector O/o.The Collectorate Krishnagiri District.

3. The Revenue Inspector Mathigiri [PO], Hosur [TK] Krishnagiri District.

4. The Tahsildar O/o.The Tahsildar Hosur [Tk], Krishnagiri District.

5. The Village Administrative Officer Karnoor Village, Mathigiri [PO] Hosur [TK], Krishnagiri District.

...Respondents

Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 2nd and 4th respondents to consider petitioner's representation dated 01.07.2014, based on the proceedings of the Assistant Collector, Hosur in Krishnagiri District Proceedings No.K.Dis.35747/70 dated 17.10.1971, and issue patta in petitioner's name.

For Petitioner :

M/s.Selvi Rajesh For Respondents :

Mr.V.Jayaprakash Narayanan Special Government Pleader

ORDER

Heard M/s.Selvi Rajesh, learned counsel appearing for the petitioner ; and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader accepting notice for the respondents and with their consent, the writ petition is disposed of at the admission stage itself.

2.The petitioner has filed this writ petition to direct the Revenue officials to consider the petitioner's representation dated 01.07.2014 by taking note of the recommendation made by the Assistant Collector, Hosur, in his proceedings dated 17.10.1971. 3.The petitioner would rely upon the said proceedings dated 17.10.1971 wherein the Assistant Collector, has stated that the land is not at all objectionable and can be assigned to the petitioner after transferring the land to A.W.D., after verifying the petitioner's pecuniary conditions and eligibility. The petitioner claims to be in possession of the property ever since 1971 and said to have been remitting taxes. With these facts, a representation has been given to the respondents and since the same has not been considered, the petitioner is before this Court. 4.

In the light of the above, without going into the merits of the petitioner's contentions, there will be a direction to the 4th respondent to consider the petitioner's representation dated 01.07.2014 and pass orders on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.

5.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar

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