Madras High CourtWP/23720/2021disposed of

Anjan v. The District Collector

2021-11-01Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2021

CORAM:

THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.23720 of 2021 Anjan

...Petitioner

Versus

1. The District Collector, Tiruvarur District, Tiruvarur.

2. The Director, Land Reforms, Chepauk, Chennai - 600 005.

3. The District Revenue Officer, O/o. The District Revenue Office, Tiruvarur District, Tiruvarur.

4. The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Tiruvarur.

5. The Tahsildar, Nannilam Taluk Office, Nannilam, Tiruvarur District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 5th respondent to consider and pass appropriate orders on the representation of the petitioner dated 10.09.2020 within a stipulated time frame and to assign and hand over 0.50.0 Cents of land comprised in S.No.92/4b-1 at Enankudi Village, Nannilam Taluk, Tiruvarur District.

For Petitioner : Mr.T.Elumalai For Respondents : Mr.V.Veluchamy Government Advocate

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus, to direct the 5th respondent to consider and pass appropriate orders on the representation of the petitioner dated 10.09.2020 within a stipulated time and to assign and hand over 0.50.0 cents of land comprised in S.No.92/4b-1 at Enankudi Village, Nannilam Taluk, Tiruvarur District.

2. According to the petitioner, as per the Tamil Nadu Land Reforms Act, 58/1961, amended act 17/70, the lands to an extent of 9.38 acres belonging to one G.Gurumoorthy Naidu of Adambar Village, Nannilam Taluk, Tiruvarur District, had been found to be surplus and the same was published in Notice under Section 18 (1). On 18.04.1988, applications were called for and the last date for receipt of applications was on 17.05.1988. The petitioner is one of the 60 applicants and enquiry was fixed on 26.06.1988 and 22.06.1988. 'D' notice had been published on 16.06.1988. Thereafter, the petitioner's application was approved and 0.50.00 cents had been assigned to the petitioner. Pursuant to the same, relevant orders were also issued by the Assistant Director, Land Reforms, Mayiladuthurai.

However, it had been mentioned that upon remitting the sale consideration, interest and upon paying land kist and executing "F" form, the order would come into effect. But, so far, the petitioner has not received any 'E' notice. Therefore, the petitioner submitted a detailed representation dated 10.09.2020 to the respondents. On 08.10.2020, the 2nd respondent forwarded the same to the 4th respondent, who had issued a notice dated 27.10.2020 to the petitioner. Therefore, the petitioner appeared before the Tahsildar on several occasions and expressed his grievance. But, till date, no action has been taken by the respondents. Hence this petition.

3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the 5th respondent to consider the petitioner's representation dated 10.09.2020 and dispose of the same within a stipulated time that may be framed by this Court.

4. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation or the case pleaded by the petitioner in the present writ petition, the Writ Petition is disposed of, with a direction to the 5th respondent to consider the petitioner's representation dated 10.09.2020 and pass appropriate orders, on merits and in accordance with law, after affording ample opportunity of personal hearing to the petitioner within a

period of sixteen weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gba To