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Madras High CourtWP(MD)/5054/2012disposed of

Govindarajs/O Rajakannu, Kumba v. The Special Commissioner

2021-04-29Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Govindaraj

...Petitioner in W.P.(MD)No.5054 of 2012

2.P.Thangamani

...Petitioner in W.P.(MD)No.5055 of 2012

3.M.Sebastine

...Petitioner in W.P.(MD)No.5056 of 2012

Vs.

1.The Special Commissioner and Commissioner of Land Administration, Chepalk, Chennai-600 005.

2.The District Collector, Tiruchirappalli District, Collector's Office Compound, Tiruchirappalli-620 001.

3.The District Revenue Officer, Tiruchirappalli District, Collector's Office Compound, Tiruchirappalli-620 001.

4.The Revenue Divisional Officer, Tiruchirappalli District, Collector's Office Compound, Tiruchirappalli-620 001.

5.The Tahsildar, Tiruchirappalli Taluk, Town Hall, Tiruchirappalli-620 002.

... Respondents in all petitions Common Prayer: These Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to implement or execute the order passed by the first respondent in his proceedings in RC.No.G1/57088/93 and 6851/94, dated 29.10.2001 within the stipulated time to be framed by this Court.

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For Petitioner : Mr.N.Shankar Ganesh (in all petitions) For Respondents : Mrs.M.Rajeswari (in all petitions) Government Advocate COMMON ORDER All these writ petitions have been filed seeking for the issue of a writ of Mandamus, directing the third respondent to implement/execute the order passed by the first respondent in proceedings, dated 29.10.2001.

2.The case of the petitioners is that they have been assigned agricultural lands and patta was also given in their favour. The third respondent subsequently passed an order on 27.12.1993 cancelling all the assignments. Aggrieved by the same, the petitioners and other assignees preferred an appeal before the first respondent and the first respondent passed an order through proceedings, dated 29.10.2001. By virtue of the said order, the matter was remitted back to the file of the third respondent for fresh disposal.

3.The grievance of the petitioners is that the third respondent did not come forward to hold any enquiry inspite of several representations made by the petitioners and other assignees. Left with no other option, these writ petitions have been filed seeking for appropriate directions.

4.Heard Mr.N.Shankar Ganesh, learned counsel appearing on behalf of the petitioners and Mrs.M.Rajeswari, learned Government Advocate appearing on behalf of the respondents. 5.Taking into consideration the facts and circumstances of the case and the limited relief sought for in these writ petitions, there shall be a direction to the third respondent to act upon the representations made by the petitioners on its own merits and in accordance with law and if no orders have already been passed, shall pass an order, within a period of twelve weeks (12) from the date of receipt of the representation from the petitioners. 6.The petitioners are directed to make fresh representations to the third respondent along with all the relevant documents and also a copy of this order.

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7.All these writ petitions are disposed of with the above directions. No costs.

Sd/- Assistant Registrar(AS) // True Copy // / /2021 Sub Assistant Registrar(CS) sji NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Special Commissioner and Commissioner of Land Administration, Chepalk, Chennai-600 005.

2.The District Collector, Tiruchirappalli District, Collector's Office Compound, Tiruchirappalli-620 001.

3.The District Revenue Officer, Tiruchirappalli District, Collector's Office Compound, Tiruchirappalli-620 001.

4.The Revenue Divisional Officer, Tiruchirappalli District, Collector's Office Compound, Tiruchirappalli-620 001.

5.The Tahsildar,Tiruchirappalli Taluk, Town Hall,Tiruchirappalli-620 002.

+1 CC to Mr. Special Government Pleader, SR.No. 18272 Order made in Dated:29.04.2021 kun(CO) TR(11.06.2021) 3P 7C 3/3