Mg.Gayathri v. The District Collector

s IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.11.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN MG. Gayathri ... Petitioner Vs.

1. The District Collector Office of the Collectorate Dharmapuri District

2. The Revenue Divisional Officer Office of the RDO Harur Dharmapuri District

3. The Tahsildar Office of the Tahsildar Pappireddipatti Taluk Dharmapuri District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue writ of Mandamus directing the 3rd respondent to consider the petitioner's representation dated 17.05.2023 to assign any Government Tharisu Lands reserved and classified as Depressed Class (DC) Land to assign for Scheduled caste or the land in survey No.142/2 to an extent of 0.51.0 hectare or 142/4 to an extent of 0.20.5 hectare, which are all classified as conditional Depressed Class (DC) Land situated in Kolimakkanur Revenue Village, Pappireddipatti Taluk, Dharmapuri District, based on the order in 1/6

O.Mu.No.12421/2023/THA2 dated 19.06.2023 by the 1st respondent and dispose the same within the time frame that may be fixed by this Court. For Petitioner : Mr.S.Arokia Mani Raj For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This Writ Petition is filed for a writ of Mandamus directing the 3rd respondent to consider the petitioner's representation dated 17.05.2023 to assign any Government Tharisu Lands reserved and classified as Depressed Class (DC) Land to assign for Scheduled caste or the land in survey No.142/2 to an extent of 0.51.0 hectare or 142/4 to an extent of 0.20.5 hectare, which are all classified as conditional Depressed Class (DC) Land situated in Kolimakkanur Revenue Village, Pappireddipatti Taluk, Dharmapuri District, based on the order in O.Mu.No.12421/2023/THA2 dated 19.06.2023 by the 1st respondent and dispose the same within the time frame that may be fixed by this Court.

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2.Today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that it would suffice if a direction is issued to the 3rd respondent to dispose of the petitioner's representation dated 17.05.2023 within a stipulated time as may be fixed by this Court. 3.Mr.Yogesh Kannadasan, learned Special Government Pleader who takes notice for the respondents submitted that the 3rd respondent may be directed to consider the petitioner's representation dated 17.05.2023 and pass orders on merits in accordance with law.

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the 3rd respondent to consider the petitioner's representation dated 17.05.2023 if the petitioner is otherwise eligible and pass orders on merits and in accordance with law, after giving notice and opportunity of hearing to all the interested parties/rival claimants if any, within a period of three months from the date of receipt of a copy of this order.

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5. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 06.11.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6

To

1. The District Collector Office of the Collectorate Dharmapuri District

2. The Revenue Divisional Officer Office of the RDO Harur Dharmapuri District

3. The Tahsildar Office of the Tahsildar Pappireddipatti Taluk Dharmapuri District 5/6

P.VELMURUGAN. J.

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