E.Mahalingam v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2022
CORAM
THE HONOURABLE Mr. JUSTICE M.DHANDAPANI E. Mahalingam ...
Petitioner Vs
1. The State of Tamil Nadu Represented by its Secretary, Department of Revenue and Disaster Management, Fort St. George, Chennai 2.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai.
3. The District Collector, Erode District.
4. The District Revenue Officer, Erode District
5. The Revenue Divisional Officer, Bhavani Taluk, Erode District.
6. The Tahsildar, Bhavani Taluk, Erode District. ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second and third
Respondents to pass appropriate order by considering the petitioner's representation dated 14.06.2022 in the light of the recommendation of the 4th Respondent dated 21.10.1997 in Na.Ka.No.27235/97/U2 in a time bound manner and pass orders.
For Petitioner : Mr.V. S. Usha Rani For Respondents : Mr. U. Bharanidharan Additional Government pleader.
ORDER
By consent of both the parties this writ petition is taken up for disposal at the admission stage itself.
2. This writ petition is filed seeking a direction to the respondents to consider the petitioner's representations dated 14.06.2022 and pass orders.
3. The case of the petitioner is that originally the subject land belongs to petitioner's grand mother and the said land was in her possession since 1972 and thereafter petitioner's father was cultivating the land. It is also pertinent to note that notices under B-memo was issued and necessary charges was also paid to the Government by the petitioner's family. After the
demise of petitioner's grandmother and his father notices were issued in petitioner's name and he was paying the said charges and petitioner's family was in continuous occupation of the said property. Hence the petitioner made representation to the second respondent on 14.06.2022 to grant patta to the petitioner. Pursuant to which the second respondent directed the third respondent to conduct enquiry and pass orders. Till date, the said representation was not considered hence, the present writ petition has been filed before this Court seeking an appropriate relief.
4. The learned counsel for the petitioner submitted it would be suffice if this Court issues a direction to the third respondent to consider the petitioner's representation dated 14.06.2022 and pass appropriate orders within the time stipulated by this Court.
5.Heard, both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without going into the merits of
the case, direct the third respondent to consider the petitioner's representation dated 14.06.2022 and the order passed by the second respondent dated 01.09.2022 after affording opportunity to the petitioner as well as the counter parties, if any, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.
04.11.2022 smn Index:Yes/No Internet:Yes/No Speaking/Non speaking
M.DHANDAPANI, J.
smn To
1. The State of Tamil Nadu Represented by its Secretary, Department of Revenue and Disaster Management, Fort St. George, Chennai 2.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai.
3. The District Collector, Erode District.
4. The District Revenue Officer, Erode District
5. The Revenue Divisional Officer, Bhavani Taluk, Erode District.
6. The Tahsildar, Bhavani Taluk, Erode District. 04.11.2022