K.Kannan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.07.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.24754 of 2016 K.Kannan ... Petitioner Vs.

1.The District Collector, Thiruvannamalai District, Thiruvannamalai.

2.The Tahsildar, Polur Taluk, Thiruvannamalai District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus directing the first respondent to implement the order dated 11.11.2013 and consequently consider the representation of the petitioner dated 06.07.2015.

For Petitioner : Mr.B.K.Girish Neelakantan For Respondents: Mr.P.Sanjay Gandhi, Additional Government Pleader.

O R D E R

By consent, the writ petition itself is taken up for final disposal.

2. The petitioner claims to be an Ex-service Man prays for allotting of 2 acres of land for farming and his future survival and welfare in the form of representation dated 06.07.2015 and even on an earlier occasion, submitted a similar type of application dated 31.10.2013 and since no orders have been passed, came forward to file this writ petition.

3. The learned counsel appearing for the petitioner would submit that the first respondent has also sent a communication dated 11.11.2013 to the second respondent in Na.Ka.A4.39486/2013, directing the said official to act on the petitioner's representation and informed the decision taken to him and despite that no orders have been passed and therefore, the petitioner is constrained to approach this Court by filing this writ petition.

https://hcservices.ecourts.gov.in/hcservices/

4. Per contra, Mr.P.Sanjay Gandhi, the learned Additional Government Pleader, who accepts notice on behalf of the respondents and would submit that the petitioner on an earlier occasion prayed for allotment of 2 acres of land and in the later representation prayed for allotment of 3 acres of land and since the stand of the petitioner is not clear, there is some delay in arriving at a decision.

5. This Court has considered the rival submissions and also perused the materials before this Court.

6. Though the petitioner prayed for the larger relief, this Court, in the light of the facts and circumstances, directs the second respondent to act on the communication of the first respondent dated 11.11.2013 as well to consider and dispose of the petitioner's representation dated 06.07.2015 on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vsm To 1.The District Collector, Thiruvannamalai District, Thiruvannamalai.

2.The Tahsildar, Polur Taluk, Thiruvannamalai District.

+1cc to Mr.BK. Girish Neelakantan, Advocate, S.R.No.40240 +1cc to the Government Pleader, S.R.No.40649 GR(CO) EU(05/08/2016) Writ Petition No.24754 of 2016 https://hcservices.ecourts.gov.in/hcservices/