A.Krishnan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2022

CORAM:

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.27626 of 2022 and WMP.No.26903 of 2022

1. A. Krishnan

2. A. Venkatesan .Petitioners

Versus

1. The State of Tamil Nadu Represented by its Secretary to Government, Revenue Department, Secretariat, Chennai 600 009.

2. The Director of Land Reforms, Tamilnadu State Bhoodan Yagana Board, Ezhiligam, Chepauk, Chennai - 600 005

3. The District Collector, Tiruvallur District, Tiruvallur - 602 001.

4. The Tahsildar, Poonamallee, Chennai 600 056

5. The Sub-Registrar, Avadi Sub-Registrar Office

Chennai 600 054

6. The Village Administrative Officer, Kuthambakkam Village, Tiruvallur District 600 124.

7. E. Sambath

8. E. Murugesan

9. N. Karunakaran ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 4th to 6th Respondents herein to implement the orders of the 3rd Respondent in Na.Ka.14701/2016/Lr2 dated 05.01.2017 in sofar as the land assigned to petitioner's grandfather Annasamy bearing Survey No.402/1D2 and measuring a total extent of 1.13 acres situated at Kuthampakkam Village, poonamallee Taluk, Tiruvallur District and pass orders. For Petitioner : Mr.J. Selvarajan For Respondents : Mr.U. Bharanidharan, Additional Government Pleader

ORDER

The petitioners herein claim that they are the legal heirs of the assignee under the Bhoodan Togana Act and made a representation on 13.02.2013 to the second respondent alleging that the respondent Nos. 7 to

9 have illegally encroached the subject property and also made a representation to the concerned tahsildar to remove the encroachment. However the same was not considered. Hence they approached this Court by way of filing a W.P.No.26549 of 2015 and this Court disposed of the same by an order dated 26.08.2015 and directed the authorities concerned to take appropriate action.

2. Pursuant to which the 3rd respondent has passed the impugned order herein. However the said order has not yet implemented. Hence the petitioner has filed this writ petition.

3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the fourth respondents to implement the impugned order dated 05.01.2017 within a stipulated time that may be fixed 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 case directs the 4th respondent to implement the impugned order dated 05.01.2017, within a period of twelve weeks from the date of receipt of a copy of this order if there is no legal impediment.

5. With the above observations this writ petition stands disposed of. No costs. Consequently the connected miscellaneous petition is closed. 17.10.2022 1/2 Index:Yes / No Speaking / Non-Speaking order smn To

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

2. The Director of Land Reforms, Tamilnadu State Bhoodan Yagana Board, Ezhiligam, Chepauk, Chennai - 600 005

3. The District Collector, Tiruvallur District, Tiruvallur - 602 001,

4. The Tahsildar, Poonamallee, Chennai 600 056

5. The Sub-Registrar, Avadi Sub-Registrar Office Chennai 600 054 Tiruvallur District

6. The Village Administrative Officer, Kuthambakkam Village, Tiruvallur District 600 124.

M. DHANDAPANI, J.

smn W.P.No.27626 of 2022 and WMP.No.26903 of 2022 17.10.2022 1/2