Mahali v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.25445 of 2016 Mahali

...Petitioner

Vs.

1 The District Collector Tiruppur District, Tiruppur.

2 The Revenue Divisional Officer, O/o.Revenue Divisional Office, Dharapuram, Tiruppur District.

3 The Assistant Commissioner, Land Reforms, Collectorate, Erode, Erode District.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 to consider and pass orders on merits by disposing the written representation made by the petitioner on 24.5.2016 within a stipulated time as this Honourable Court fixes in so far as the petitioner is concerned.

For Petitioner : Ms.R.Hemalatha For Respondents : Mr.R.A.S.Senthilvel Additional Government Pleader

O R D E R

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

2.The petitioner claims that he belongs to Scheduled Caste Community and 28.77 acres in Vadachinnaripalayam Village, Kangayam Taluk, Tiruppur District (Previously Erode District) in S.Nos.979/A, 979/C, 997, 985, 1037/1B and 1037/3/1 have been declared as surplus lands and vide proceedings of the Assistant Commissioner of urban land ceiling dated 22.03.1994, the said lands have been assigned in favour of the people belonging to Scheduled Caste community which include the petitioner and https://hcservices.ecourts.gov.in/hcservices/

physical possession is yet to be handed over for the reason the the land is in possession of the erstwhile owners and in this regard, has submitted representation dated 24.05.2016 to the second respondent and since no orders have been passed, came forward to file this writ petition.

3.Heard the submissions of Ms.R.Hemalatha, learned counsel appearing for the petitioner and Mr.R.A.S.Senthilvel, learned Additional Government Pleader who accepts notice on behalf of the respondents.

4.This Court taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the same, directs the second respondent to consider and dispose of the petitioner's representation dated 24.05.2016, in accordance with law and after putting on notice, the persons concerned, 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 petitioner as well as to the persons concerned.

5.The writ petition is disposed of accordingly. No costs. pri Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1 The District Collector Tiruppur District, Tiruppur.

2 The Revenue Divisional Officer, O/o.Revenue Divisional Office, Dharapuram, Tiruppur District.

3 The Assistant Commissioner, Land Reforms, Collectorate, Erode, Erode District.

+ 1 cc to Ms.R.Hemalatha, Advocate Sr 41894 + 1 cc to The Govt.Pleader, Sr 41701 KR/28/7/16 W.P.No.25445 of 2016 https://hcservices.ecourts.gov.in/hcservices/