John Kennedy.K v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE K.John Kennedy ... Petitioner /Vs./
1. The Principal Secretary to Government, Revenue and Disaster Management Department, Secretariat, Fort St.George, Chennai-600 009.
2. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.
3. The District Collector, Thirunelveli District, Thirunelveli.
4. The District Revenue Officer, Thirunelveli District, Thirunelveli.
5. The Tahsildar, Cheranmahadevi Taluk, Thirunelveli District, Thirunelveli.
... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 5th respondent to pass appropriate orders on the proposal submitted by the 3rd respondent dated 22.12.2021 in Na.Ka.G1/33911/2021 along with the representation of the petitioner dated 22.06.2021 for granting of land to the petitioner by way of lease situated in Survey No.362/1B, Thiruviruthanpulli Village II, Cheranmahadevi Taluk, Thirunelveli District for agriculture purpose within the stipulated time specified by this Court.
For Petitioner : Mr.V.Rajiv Rupus For Respondent : Mr.M.Lingadurai Special Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the 5th respondent to pass appropriate orders on the proposal submitted by the 3rd respondent dated 22.12.2021 in 1/3
Na.Ka.G1/33911/2021, along with the representation of the petitioner dated 22.06.2021 seeking for grant of land to the petitioner by way of lease situated in Survey No.362/1B, Thiruviruthanpulli Village II, Cheranmahadevi Taluk, Thirunelveli District, for agricultural purpose, within a time frame to be fixed by this Court. 2.It is the case of the petitioner that adjoining the Government Poramboke land mentioned supra, the petitioner is having his own agricultural land and is cultivating crops there. He has given a representation on 22.06.2021 for grant of the land mentioned supra in his favour on lease for agricultural purposes. The second respondent has referred the representation of the petitioner to the third respondent for passing orders on the same on 01.10.2021. Since final orders have not been passed till date, the petitioner has filed this writ petition.
3.Heard Mr.V.Rajiv Rupus, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents. 4.The petitioner claims that adjoining the land comprised in Survey No.362/1B, Thiruviruthanpulli Village II, Cheranmahadevi Taluk, Thirunelveli District, which is a Government poramboke land, he is having his own land. The petitioner has also been doing agricultural operations in the Government poramboke land at Survey No.362/1B, Thiruviruthanpulli Village II, Cheranmahadevi Taluk, Thirunelveli District. The adangal for the said property has also been filed as a document along with this writ petition. He seeks regularization of the usage of the said land by him for agricultural purposes. He has given a representation on 22.06.2021 for the said purpose.
The same has also been forwarded by the third respondent to the fifth respondent for necessary action on 22.12.2021. 5.As seen from the third respondent's proceedings dated 22.12.2021, no prejudice would be caused to the respondents, if the representation of the petitioner is considered on merits and in accordance with law, after affording a fair hearing to the petitioner.
6.Accordingly, this Court directs the fifth respondent to pass final orders on the petitioner's representation dated 22.06.2021 seeking for grant of land in his favour by way of lease for the property in Survey No.362/1B, Thiruviruthanpulli Village II, Cheranmahadevi Taluk, Thirunelveli District, for agricultural purposes and pass final orders, on merits and in accordance with law, within a period of twelve [12] weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner and any other necessary party, whom the fifth respondent deems fit to enquire.
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7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar(Records) /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) sm To
1. The Principal Secretary to Government, Revenue and Disaster Management Department, Secretariat, Fort St.George, Chennai-600 009.
2. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.
3. The District Collector, Thirunelveli District, Thirunelveli.
4. The District Revenue Officer, Thirunelveli District, Thirunelveli.
5. The Tahsildar, Cheranmahadevi Taluk, Thirunelveli District, Thirunelveli.
+1 CC to M/s.V.RAJIV RUFUS, Advocate ( SR-12301[F] dated 15/03/2022 ) +1 CC to M/s.SPL GP ( SR-12448[F] dated 16/03/2022 ) order made in Dated:
14.03.2022 MK/31.03.2022/3P/8C 3/3