The Erode Bobbin Workers v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 16.03.2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.7240 of 2015 The Erode Bobbin Workers Industrial Co-operative Society Ltd., Ind.No.684, Rep. by its President N.P.Selvarasu, Kumalankuttai, Perundurai Road, Erode - 638 011.
...Petitioner
Versus
1 The District Collector, Collectorate, Erode District, Erode - 638 011.
2 The District Revenue Officer, District Collectorate, Erode District, Erode - 638 011.
3 The Revenue Divisional Officer, Erode Taluk Office, Erode - 638 001.
4 The Tahsildar O/o. The Revenue Divisional Officer, Brough Road, Erode - 638 001.
...Respondents
Writ petition filed under Article 226 of the Constitution of India praying for a writ of MANDAMUS directing the Respondents herein to consider and dispose of the petitioner's representation dated 17.02.2015 for grant of patta to the members of the Petitioner's Society to an extent of 0.22.0 hectares in Resurvey No.371/5 of Erode 35-A Village, Veerappan Chathiram Village, Erode Taluk, Erode District.
For Petitioner :
Mr.S.Kaithamalai Kumaran For Respondents :
Mr.R.Vijayakumar, Addl. Govt. Pleader
ORDER
Heard Mr.S.Kaithamalai Kumaran, learned counsel for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader, who took 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 seeking a writ of mandamus to direct the respondents to consider and dispose of the representation dated 17.02.2015 for grant of patta to the Society to an extent of 0.22.0 hectares in Resurvey No.371/5 of Erode 35-A Village, Veerappan Chathiram Village, Erode Taluk, Erode District.
3. The petitioner's case is that there are 343 members in the Society and they are involved in production of Plastics and Wooden Bobbins, Textiles, Spares, Cheese Tubes etc. The petitioner Society is said to be running an industry in the said property and they now requested the authorities to grant patta in their favour.
4. In this regard, a representation was submitted on 17.02.2015 reiterating the internal correspondence between the various authorities of the District Industries Centre and the Society and since the representation has not been considered, the petitioner is before this court.
5. On a perusal of the representation dated 17.02.2015, it appears to be in the nature of a general request and it has been addressed to the Hon'ble Chief Minister of the State of Tamil Nadu and other authorities namely the Secretaries to Government of Tamil Nadu of various departments, the authorities to whom the representation has been addressed are not the competent authorities for considering the petitioner's request.
4. Therefore, there will be a direction to the petitioner to submit a fresh representation clearly setting out the basis of their claim and such representation shall be submitted to the 4th respondent, who shall consider the same on merits and in accordance with law, after notice to the petitioner Society, within a period of three months from the date on which the representation is submitted.
5. The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar rg/gya To 1 The District Collector, Collectorate, Erode District, Erode - 638 011.
2 The District Revenue Officer, District Collectorate, Erode District Erode - 638 011.
3 The Revenue Divisional Officer, Erode Taluk Office, Erode - 638 001.
4 The Tahsildar O/o. The Revenue Divisional Officer, Brough Road, Erode - 638 001.
1 CC to Mr.S.Kaithamalai Kumaran, Advocate SR.No. 14612 1 CC to the Government Pleader, SR.No.14769 WP.No.7240 of 2015 MP (CO) PSI (31.03.2015)