B.Yamin (Ex Serviceman) v. The Director Collector

I N T H E H I G H C O U R T O F J U D I C A T U R E A T M A D R A S DATED: 22.11.2022

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI B.Yamin ... Petitioner vs.

1.The District Collector, Collector Office, Kallakurichi District.

2.The Revenue Divisional Officer, RDO Office, Thirukovilur, Kallakurichi District.

3.The Tahsildar, Taluk Office, Ulundurpet, Kallakurichi District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 03.08.2022 and consequently direct the 2nd respondent to assign and allot free grant of five acres of Agricultural Tharisu land comprising in Survey No.219/6 0.24.0 Ares and S.No.220/4 1.78.5Hectare in Pugapatti Village as per the Government norms in alloting waste land to the ex-service men on priority basis. Page No.1 of 6

For Petitioner : Mr.R.K.Sekina Reshma For Respondents : Mr.U.Baranidharan Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the 1st respondent to consider the petitioner's representation dated 03.08.2022 and consequently direct the 2nd respondent to assign and allot free grant of five acres of Agricultural Tharisu land comprising in Survey No.219/6 0.24.0 Ares and S.No.220/4 1.78.5Hectare in Pugapatti Village as per the Government norms in allotting waste land to the ex-service men on priority basis.

3.The case of the petitioner is that, the petitioner is a seventy two years old Ex-servicemen who worked in the Indian Air Force, maintaining his family including two mentally retarded children and his wife. The petitioner has been trying to avail free 5 Acres of agricultural land since few years. While so, he had made several representations to the District Collector and the other respondents to assign and allot free grant of five Acres of Agricultural Tharisu land comprising in S.No.219/6 measuring an extent of 0.24 Ares and Page No.2 of 6

S.No220/4 measuring an extent of 1.78.05 Hectares in Pugapatti Village as per the Government norms in allotting waste land to the ex-service men on priority basis. However, no action was taken on the same. Thereafter, the petitioner has been making several representations on various dates, one such representation dated 03.08.2022 to the 1st respondent for assignment of free land. But, till date petitioner's representation was not considered and no order has been passed. Hence, the petitioner has come forward with the present Writ Petition. 4.The learned counsel for the petitioners submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's representation dated 03.08.2022 and pass orders on the same within a particular time frame fixed by this Court.

5.Mr.U.Bharanidharan, learned Additional Government Pleader for the respondents submits that if any direction is given by this Court, the same will be complied with.

6.In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the respondents to consider the Page No.3 of 6

petitioners representation dated 03.08.2022, on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.

7.Accordingly, this Writ Petition is disposed of. No costs. 22.11.2022 Index : Yes/No Speaking Order : Yes/No gba To 1.The District Collector, Collector Office, Kallakurichi District.

2.The Revenue Divisional Officer, RDO Office, Thirukovilur, Kallakurichi District.

3.The Tahsildar, Taluk Office, Ulundurpet, Kallakurichi District.

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M.DHANDAPANI,J.

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