Kovalam Pasuvandanai Thanpadu v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)Nos.1 & 2 of 2013 Kovalam Pasuvandanai Thanpadu Sriya Alavu Uppu Urppathiyalargal Sangam (Regn No.45/2006), M.Saveriyarpuram, Mullakkadu, Tuticorin-5, Represented by its Secretary, Thiru P.Sekar ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Secretary to Government, Revenue Department, Fort St. George, Chennai-600 009.

2.The Commissioner of Land Administration, Chepauk, Chennai-600 005.

3.The District Collector, Tuticorin District.

4.The Tahsildar, Tuticorin, Tuticorin District.

... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the fourth respondent, dated 24.06.2013 and quash the same and consequently direct the respondents herein to permit the petitioner's member to continue their salt pan operations in their respective lands. For Petitioner : M/s.Ramsundar Vijayaraj for M/s.C.Jegannathan For Respondents : M/s.B.Saravanan Additional Government Pleader

ORDER

The present Writ Petition has been filed by a Registered Association, who have taken on lease, a salt pan from the Government. They have taken the lease from the year 1974 onwards. The said lease had expired in the year 2003. Since the lease was not renewed by the first respondent herein, the fourth respondent has proceeded to pass the impugned order, directing the eviction of the petitioner Association from the salt pan. This order is under challenge in the present writ petition.

2. The petitioner Sangam has been giving representation to all the statutory authorities, except the first respondent herein to renew the lease granted for running a salt pan. However, first respondent alone is the 2/5

competent authority to consider the request of the petitioner Sangam for extension of lease or grant of fresh lease. Pending writ petition, the petitioner Sangam had given a representation to the first respondent herein on 17.10.2022, by way of a registered post. The said application is pending.

3. In view of the above said facts, the first respondent herein is directed to dispose of the representation of the writ petitioner, dated 17.10.2022 on or before 31.01.2023, after giving due opportunity to the writ petitioner. Till such time, the order of eviction passed by the Tahsildar shall be kept in abeyance.

4. With the above said observations, the writ petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.

03.11.2022 Index :

Yes / No Internet :

Yes / No btr 3/5

To 1.The Secretary to Government, The State of Tamil Nadu, Revenue Department, Fort St. George, Chennai-600 009.

2.The Commissioner of Land Administration, Chepauk, Chennai-600 005.

3.The District Collector, Tuticorin District.

4.The Tahsildar, Tuticorin, Tuticorin District.

4/5

R.

VIJAYAKUMAR , J.

btr Order made in 03.11.2022 5/5