S.Hanifa, v. The Tamil Nadu Government,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2013 S.Hanifa ... Petitioner Vs.

1.The Tamil Nadu Government, Represented by its Chief Secretary, Secretariat, Chennai.

(R1 name deleted vide Court order, dated 26.07.2022, in W.P(MD)No.14822 of 2013) 2.The Forest Project Officer, Forest Project Office, Sivagangai District, Sivagangai.

3.The District Collector, Sivagangai District, Sivagangai.

4.The Tahsildar, Devakottai Taluk, Devakottai, Sivagangai District.

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5.The Special Deputy Agricultural Director, Ramnad Coconut Development Office, Ramanathapuram.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the fourth respondent to grant assignment and patta to the petitioner for the lands allotted in Survey No.1/39 an extent of 3 acres 20 cents in Kurunthur Village, Naranamangalam Group, Devakottai Taluk, Sivagangai district by considering the petitioner's representation, dated 19.08.2013, within the period stipulated by this Court. For Petitioner : Mr.A.Haja Mohideen For R-1 to R-4 : Mr.R.Suresh Kumar Additional Government Pleader For R-5 : Dismissed

ORDER

The present Writ Petition has been filed seeking a Writ of Mandamus, directing the fourth respondent to grant assignment and patta to the petitioner for the lands allotted to them in Survey No.1/39 for an extent of 3 acre and 20 cents.

2. According to the writ petitioner, the Tamil Nadu Agricultural Department has formulated a scheme to provide waste land to the landless poor, refugees from Burma and Ceylon for developing coconut grove and cultivating paddy to improve the waste lands. 2/5

Pursuant to the said scheme, the fifth respondent granted an assignment in favour of the petitioner's father. A patta was granted in favour of the writ petitioner's father by the fifth respondent herein by his proceedings, dated 27.10.1970. However, despite several efforts, revenue patta has not been granted by the fourth respondent herein. Hence, the petitioner had made several attempts to get revenue patta for the said survey number.

3. The petitioner has given a representation on 19.08.2013 to the fourth respondent herein and other authorities for grant of patta. The said application has also been received by the fourth respondent herein. Though the petitioner's father has been granted an order of assignment by the fifth respondent herein on 27.10.1970, the fourth respondent is yet to consider the request of the writ petitioner.

4. In view of the above said facts, the fourth respondent is directed to consider the representation of the petitioner, dated 19.08.2013 and pass orders after giving due opportunity to the writ petitioner within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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5. With the above said observations, the writ petition stands allowed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

22.08.2022 Index :

Yes / No Internet :

Yes / No btr To 1.The Forest Project Officer, Forest Project Office, Sivagangai District, Sivagangai.

2.The District Collector, Sivagangai District, Sivagangai.

3.The Tahsildar, Devakottai Taluk, Devakottai, Sivagangai District.

4.The Special Deputy Agricultural Director, Ramnad Coconut Development Office, Ramanathapuram.

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R.

VIJAYAKUMAR , J.

btr Order made in 22.08.2022 5/5