T.Chinnathai v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.25141 of 2024 and WMP.No.27461 of 2024 T.Chinnathai

...Petitioner

Vs.

1. The State of Tamil Nadu, Rep. by its Secretary to Government, Revenue Department, Secretariat, Fort St. George, Chennai 600 009.

2. The District Collector, Krishnagiri District, Krishnagiri 635 001.

3. The Revenue Divisional Officer, Krishnagiri Division, Krishnagiri, Krishnagiri District 635 001.

4. The Tahsildar, Pochampalli Taluk, Pochampalli 635 206, Krishnagiri District.

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5. M.Sathayee Ammal

6. M.Vaithi Gounder

7. P.Thangam @ Thangadurai

8. P.Ponnurangan

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 herein to consider the representation dated 21.03.2022 and 19.06.2023 thereby to resume the grant and order re-enter and take possession of the Panchami Lands measuring an extent of 5.42 cents, comprised in Survey No.432 and 433/2 situated at Baleythottam Village, Pochampalli Taluk, Krishnagiri District from the respondents 5 to 8 herein and reassign the said land in favour of the petitioner.

For Petitioner : Mr.J.Selvarajan For Respondents : Mr.A.M.Ayyadurai, for R1 to R4 Government Advocate

O R D E R

The petitioner herein seeks a direction to the respondents 1 to 4 to consider her representation dated 19.06.2023 to take possession of the 2/6

Panchami land comprised in S.Nos.432 and 433/2 situated at Baleythottam Village, Pochampalli Taluk, Krishnagiri District, from the respondents 5 to 8 and re-assign the land in favour of the petitioner.

2. It is the case of the petitioner that the above mentioned land was originally assigned in favour of the petitioner's mother-in-law Ammakannu. The said land was encroached by the respondents 5 to 8 who do not belong to suppressed class. Therefore, the petitioner submitted a representation seeking action against the respondents 5 to 8 and reassignment of the land in the name of the petitioner. The said representation has not been considered by the respondents. Therefore, the petitioner is before this Court.

3. Mr.A.M.Ayyadurai, learned Government Advocate, who takes notice for the respondents 1 to 4 would submit that the representation of the petitioner will be considered, on its own merits, within a time frame fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the second 3/6

respondent to consider the representation of the petitioner dated 19.06.2023 and pass final orders, on its own merits, within a period of 12 weeks from the date of receipt of a copy of this order, after issuing necessary notice to the respondents 5 to 8.

5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 02.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna 4/6

To

1. The Secretary to Government, Revenue Department, Secretariat, Fort St. George, Chennai 600 009.

2. The District Collector, Krishnagiri District, Krishnagiri 635 001.

3. The Revenue Divisional Officer, Krishnagiri Division, Krishnagiri, Krishnagiri District 635 001.

4. The Tahsildar, Pochampalli Taluk, Pochampalli 635 206, Krishnagiri District.

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S.SOUNTHAR , J.

dna W.P No.25141 of 2024 and WMP.No.27461 of 2024 02.09.2024 6/6