K.Prabakaran v. The Commissioner Of Land Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2023 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR K.Prabakaran ... Petitioner Vs 1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 5.
2.The Additional Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai - 9.
3.The District Collector, Namakkal District.
4.The Tahsildar, Office of the Tahsildar, Paramathi Velur, Namakkal District.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the representation of the petitioner herein dated 08.02.2022 to grant long term lease to the petitioner with respect of the Government porampoke land comprised in SF.No.440/3 of E.Nallagoundampalayam Village, Paramathivelur Taluk, Namakkal District. For Petitioner : Mr.R.Nalliyappan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader 1/4
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the respondents to consider the representation of the petitioner herein dated 08.02.2022 to grant long term lease to the petitioner with respect of the Government porampoke land comprised in SF.No.440/3 of E.Nallagoundampalayam Village, Paramathivelur Taluk, Namakkal District.
2. In order to get a long term lease of the Government land at SF.No.440/3 of E.Nallagoundampalayam Village, Paramathivelur Taluk, Namakkal District, the petitioner had given a representation on 08.02.2022 to the respondents especially the 3rd respondent. In order to consider the same and pass orders thereon on merits within a time stipulated by this Court, the petitioner has moved the present writ petition with the aforestated prayer.
3. Heard Mr.R.Nalliyappan, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader for the respondents.
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4. The learned Special Government Pleader for the respondents would submit that, since the land is admittedly a Government porampoke land, the petitioner cannot seek as a matter of right in long term lease, anyhow the representation given by the petitioner would be considered on merits by the 3rd respondent/District Collector within a time frame that may be stipulated by this Court.
5. Considering the limited scope of the prayer sought for herein and having regard to the said submission made by the learned Special Government Pleader for the respondents, this writ petition is disposed of with the following orders:
There shall be a direction to the 3rd respondent to consider the representation of the petitioner dated 08.02.2022 and pass orders thereon on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
6. With this direction, this Writ Petition is disposed of. No costs. 04.01.2023 Index : Yes/No Speaking Order : Yes/No Sgl 3/4
R.SURESH KUMAR, J.
Sgl To 1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 5.
2.The Additional Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai - 9.
3.The District Collector, Namakkal District.
4.The Tahsildar, Office of the Tahsildar, Paramathi Velur, Namakkal District.
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