Mr.R.Chitti Babu, v. The Collector,

IN THE HI1GH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Writ Petition No.24118 of 2010 R.Chitti Babu ... Petitioner Vs.

1. The Collector, Vellore District, Vellore.

2. The Revenue Divisional Officer, Vellore - 09.

3. The Tahsildar, Katpadi Taluk, Vellore District.

... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus directing the respondents authorities to consider the representations dated 10.02.2004, 10.12.2006, 01.06.2008 and 12.02.2009 submitted by the petitioner and order assignment of Government Waste Land measuring 070.5 Ares in S.No.5, Keelathur Revenue Village, Katpadi Taluk, Vellore District as per the existing policy of the Government, in assigning Government waste lands to the serving defence personnel within a time limit to be stipulated by this Hon'ble Court.

For Petitioner : Mr.J.Arun Prasad For Respondents : Mr.J.Ramesh, AGP

ORDER

The prayer made in this writ petition is to issue a mandamus directing the respondents to consider the representations dated 10.02.2004, 10.12.2006, 01.06.2008 and 12.02.2009 submitted by the petitioner with regard to grant of patta in respect of Government Waste Land measuring to an extent of 070.5 Ares in S.No.5, Keelathur Revenue Village, Katpadi Taluk, Vellore District within a time limit to be stipulated by this Hon'ble Court.

2. According to the petitioner, he is serving in Indian Army for more than 25 years. As per the policy of the Government, the waste lands belonging to the Government are being assigned to the serving defence personnel. Pursuant to the same, the petitioner made application dated 10.02.2004 to the first respondent through the Army Headquarters Static Workshop EME, Delhi Contonment - 10, requesting to grant patta in respect of the waste land in S.No.5, Keelathur Revenue Village, Katpadi Taluk, Vellore District, for the purpose of serving army personnel. Since the said application was not considered by the first respondent, he made repeated representations.

Finding no response on the said representations, the petitioner has filed the present writ petition for the aforesaid relief.

3. When the matter was taken up for consideration, the learned counsel for the petitioner submitted that it would suffice, if the petitioner is granted liberty to approach the authority concerned to submit a fresh representation, with regard to the claim made in this writ petition, for which, the learned Additional Government Pleader appearing for the respondents has no serious objection.

4. Considering the facts and circumstances of the case and also taking note of the submissions made by the learned counsel on either side, this Court disposes of this writ petition, granting liberty to the petitioner to approach the authority concerned with a fresh representation along with a copy of this Court within a period of two weeks from the date of receipt of a copy of this order. On such approach, the authority concerned is directed to consider the same and pass appropriate orders, on merits and in accordance with law, within a period of six weeks thereafter. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar drl/rk To

1. The Collector, Vellore District, Vellore.

2. The Revenue Divisional Officer, Vellore - 09.

3. The Tahsildar, Katpadi Taluk, Vellore District.

+1cc to Mr.J.Arun Prasad, Advocate, S.R.No.36520 +1cc to the Government Pleader, S.R.No.37497 W.P.No.24118 of 2010 GMR(CO) CS/12/07/18