A.Selvaraj v. The Collector Of Nilgiris
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.22425 OF 2021 AND W.M.P.NO. 23670 OF 2021
1. A.Selvaraj
2. Gunamani @ Selvanayagam .... Petitioners Vs
1. The Collector of Nilgiris at Uthagamandalam TheNilgiris District.
2. The Revenue Divisional Officer, Gudalur-The Nilgiris District.
3. The Tahsildar, Udhagamandalam, The Nilgiris District.
4. The Managing Director, Tamil Nadu Tea Plantations, Pandalur.
.... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to restore the patta land measuring 1 acre each to the petitioners in S.No.346/20 and 346/1 in Nelliyam Village alloted to them in the year 1976 or in the alternative to assign to each of them 1 acre land in the Nelliyam Village or in the vicinity.
For Petitioners : Mr.S.S.Sajeevkesan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader.
ORDER
This Writ Petition has been filed for issuance of Writ of Mandamus, directing the first respondent to restore the patta land measuring 1 acre each to the petitioners in S.No.346/20 and 346/1 in Nelliyam Village alloted to them in the year 1976 or in the alternative to assign to each of them 1 acre land in the Nelliyam Village or in the vicinity.
2. Heard, Mr.S.S.Sajeevkesan, learned counsel appearing for the petitioners and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents.
3. The petitioners submitted a representation before the first respondent to restore the patta land admeasuring 1 acre each to the petitioners in S.No.346/20 and 346/1 in Nelliyam Village alloted to them in the year 1976 or in the alternative to assign to each of them 1 acre land in the Nelliyam Village. On receipt of the same, the first respondent forwarded the same to the second respondent by a communication dated 13.08.2021 and directed the second respondent to conduct enquiry on the representation of the petitioner and take action in accordance with law. However, it is pending. Even till today, no enquiry has been conducted.
4. Without expressing any opinion on merits of the writ petition, the second respondent is directed to consider the representation of the petitioners dated 06.08.2021, after issuance of notice to the petitioners and after giving them an opportunity of hearing and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of copy of this order.
5. With the above direction, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Lpp
To 1.
The Collector of Nilgiris at Uthagamandalam TheNilgiris District.
2.
The Revenue Divisional Officer, Gudalur-The Nilgiris District.
3.
The Tahsildar, Udhagamandalam, The Nilgiris District.
4.
The Managing Director, Tamil Nadu Tea Plantations, Pandalur.
+1cc to Mr.S.S.Sajeevkesan, Advocate, S.R.No.61410 +1cc to the Government Pleader, S.R.No.61920 W.P.No.22425 of 2021 and W.M.P.No. 23670 of 2021 EV(CO) PM/06/01/2022