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Madras High CourtWP/25695/2021disposed of

Mrs.Bama Balaji v. The Additional Chief Secretary

2021-12-02Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.25695 OF 2021 Mrs. Bama Balaji, w/o Balaji, Managing Trustee Puravipalayam Sri La Sri Ponmudi, Kodiswamigal Charitable Trust Thabovanam, No.108, 6th Street, Thirumalai Nagar, Perungudi Chennai-600 096

...Petitioner

vs.

The Additional Chief Secretary, Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 096.

.. Respondent PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue issue a Writ of Mandamus directing the Respondent to dispose of the Revision Petition dated 18.10.2021 filed by the petitioner within a specified time frame as fixed by this Hon'ble Court.

For Petitioner : Shangar Murali For respondent : Mr. B. Vijay, Additional Government Pleader

ORDER

The present petition has been filed for a direction to the respondents to consider and dispose of the revision petition of the petitioner within a stipulated time.

2. It is the case of the petitioner that he is an ardent devotee of Puravipalayam Sri La Sri Ponmudi Kodiswamigal and for streamlining the activities, the petitioner has decided to establish a charitable trust and accordingly a trust was formed.

It is the case of the petitioner that the lands comprised in Old S.F. No.563 admeasuring an extent of Acre 17 and 28 cents was taken over by the Government under the Tamil Nadu Estates (Abolition & Conversion into Ryotwari) Act. However, after take over of the said lands, certain persons are trying to enter into the poramboke lands belonging to the Government and trying to usurp the same against which one of the employees of the Puravipalayam Zamin had filed W.P. No.26928/18 in which this Court, recording the submissions of the respondents therein that action would be initiated in accordance with law, disposed of the writ petition. However, the persons, who are trying to take over the lands illegally, filed O.S. No.138/19 on the file of the District Munsif, Pollachi claiming that the properties are absolute zamin properties.

Further, the Tahsildar, Pollachi, pursuant to the direction in W.P. No.26928/18 conducted an enquiry and ordered issuance of patta in favour of the persons, who had illegally encroached upon the lands and the appeal filed by the petitioner before the District Collector in this regard was dismissed on the ground that the petitioner was not a party in the writ petition. Further, the District Collector, Coimbatore, also by his proceedings, confirmed the patta granted in favour of the said persons.

3. It is the further case of the petitioner that the Secretary of the Trust formed by the petitioner, filed W.P. No.19201/21 praying for a direction to dispose of the representation in which permission was sought for conducting guru pooja. However, the said representation was dismissed by the Sub Collector, Pollachi, thereby, poojas are not being offered for the holy soul. In this regard, challenging the said proceedings, the petitioner filed revision before the District Collector, Coimbatore in RC No.15744/2020/B2 dated 09.10.2020, which is pending. Pending adjudication, attempts are being made by the persons to mutate the revenue records. Therefore, left with no other remedy, the present petition is filed.

4. Though very many grounds have been raised, the learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondent to dispose of the revision petition dated 18.10.2021 filed by the petitioner within the time frame fixed by this Court.

5. On the above contentions, heard the learned counsel for the respondent.

6. Upon hearing the learned counsel on the either side, this Court without expressing any opinion on the merits of the case, directs the respondent herein to dispose of the revision petition dated 18.10.2021, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of

this order.

7. This Writ Petition is disposed of accordingly with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar NHS To The Additional Chief Secretary, Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 096.

+1cc to the Government Pleader, S.R.No.63506 W.P.No.25695 of 2021 KSM(CO) PM/07/02/2022