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Madras High CourtWP(MD)/1754/2024dismissed

Murugesan v. The Commissioner Of Revenue Administration

2024-02-13Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Murugesan ... Petitioner vs.

1.The Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.

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

3.The District Collector, Karur District, Karur - 639 005.

4.The Tahsildar, Krishnarayapuram Taluk, Karur District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the third respondent to consider and to take appropriate action on the representation of the petitioner, dated 05.07.2023 with respect to the allotment free shelter in Kannamuthampatty East Aadhithiravidare Colony, Veeriyapalayam Village, Krishnarayapuram Taluk, Karur District.

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For Petitioner : Mr.T.M.Madasamy For Respondents : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) Prayer in this Writ Petition is to direct the third respondent to consider and to take appropriate action on the representation of the petitioner, dated 05.07.2023 with respect to the allotment free shelter in Kannamuthampatty East Aadhithiravidare Colony, Veeriyapalayam Village, Krishnarayapuram Taluk, Karur District.

2.According to the petitioner, the fourth respondent selected 43 persons and allotted free shelter to them. Among 43 persons, 10 persons are having permanent residence and having own houses. In this regard, the petitioner made a representation dated 01.03.2023. Since no action has been taken on the said representation, the petitioner made a representation to the third respondent, dated 05.07.2023. Though the Revenue Divisional Officer, Kulithalai, issued a memorandum, dated 03.11.2023 to the fourth 2/5

respondent to take appropriate action, no action has been taken so far. Hence, the petitioner has filed the present Writ Petition. 3.The learned Government Pleader appearing for the respondents, on instructions, would submit that the aforesaid assignment of land to the shelterless people was made in the year 1996 and after a lapse of more than 28 years, the petitioner has made a representation to the respondents in the year 2023 seeking to cancel the assignment order granted in favour of the shelterless people.

4.Considering the facts and circumstances of the case, we are of the view that there is a delay and laches on the part of the petitioner in seeking cancellation of the assignment order granted in the year 1996. Hence, at this length of time, we are not inclined to entertain the Writ Petition and the same is, therefore, dismissed. No costs. [D.K.K.,J.] [R.V.,J.] 13.02.2024 NCC : Yes / No Index : Yes / No ps 3/5

To 1.The Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.

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

3.The District Collector, Karur District, Karur - 639 005.

4.The Tahsildar, Krishnarayapuram Taluk, Karur District.

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D. KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 13.02.2024 5/5