R. Sekar v. The Special Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2021

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MS.JUSTICE R.N.MANJULA W.A.No.2369 of 2018 and C.M.P.No.18772 of 2018 R.Sekar .. Appellant Vs 1.The Special Commissioner, Land Reforms, Chepauk, Chennai - 600 005.

2.The District Revenue Officer, Kancheepuram District, Kancheepuram.

3.The Revenue Divisional Officer, Tambaram, Kancheepuram District.

.. Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 04.07.2018 made in W.P.No.16321 of 2018. Prayer in W.P.No.16321 of 2018 : Petition under Art 226 of the Constitutiion of India praying for the issue of a writ of mandamus, directing the 3 respondent to consider the petitioners application dated 16.05.2017 and assign the land comprised in R.S.No.1/ 1B Moulivakkam Village Sriperumbudur Taluk Kancheepuram District over an extent of 2.68.5 hectares under the provisions of Tamil Nadu Land Reforms (Disposal of Surplus Land) Rules 1965 within the time prescribed by this Court. For Appellant :

Mr.M.Muthappan For Respondents :

Mr.V.Kadhirvelu Special Government Pleader

JUDGMENT

(Delivered by M.M.SUNDRESH, J.) This writ appeal is directed against the order dated 04.07.2018 made in W.P.No.16321 of 2018, whereby the learned single Judge dismissed the writ petition.

2.We have heard the learned counsel appearing for the appellant and the learned Special Government Pleader appearing for the respondents.

3.Though the appellant has approached this Court on the earlier occasion, pursuant to the order passed in W.P.No.6295 of 2017, the District Revenue Officer, Kancheepuram, in and by the proceedings in Na.Ka.No.3393/2017/Ni.Seer dated 09.06.2017, has asked the Revenue Divisional Officer, Tambaram to look into the request of the petitioner dated 16.05.2017 and do the needful. 4.Learned counsel appearing for the appellant submitted that the learned single Judge wrongly dismissed the writ petition without taking note of the non-conclusion of the aforesaid action initiated.

5.Learned Special Government Pleader appearing for the respondents submitted that if no final decision is arrived, appropriate order will have to be passed on the communication dated 09.06.2017.

6.Considering the submissions made, in the event of no final decision having been taken already, appropriate final orders will have to be passed by the respondent concerned pursuant to the proceedings of the District Revenue Officer dated 09.06.2017, within a period of twelve weeks from the date of receipt of a copy of this judgment.

7.With the above observation, the writ appeal stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-CCC) //True copy// Sub Assistant Registrar mmi

To 1.The Special Commissioner, Land Reforms, Chepauk, Chennai - 600 005.

2.The District Revenue Officer, Kancheepuram District, Kancheepuram.

3.The Revenue Divisional Officer, Tambaram, Kancheepuram District.

+1cc to Mr.M.Muthappan, Advocate SR.No.25738 W.A.No.2369 of 2018 GP(CO) GMY(30/06/2021)