Madras High CourtWP(MD)/8224/2022disposed of

Alagar.M v. The Commissioner Of Land Administration

2022-04-27Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M.Alagar .. Petitioner Vs 1.The Commissioner of Land Administration, O/o.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 5.

2.The District Collector, O/o. The District Collectorate, Madurai District.

3.The District Revenue Officer, O/o. The District Revenue Office, Madurai District.

4.The District Adi Dravidar Welfare Officer, O/o.The District Adi Dravidar Welfare Office, Madurai District.

5.The Revenue Divisional Officer, Melur Taluk, Madurai District.

6.The Special Tahsildar, Adi Dravidar Welfare, Madurai District.

7.The Tahsildar, Melur Taluk, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct all the respondents to issue assignment order to the petitioner in respect of Panjami land comprised in Survey No.162 admeasuring an extent of 2 acres situated in Keeranur Village, Poonjuthi Post, Melur Taluk, Madurai District based on the petitioner's representation dated 18.04.2022 within a stipulated time that may be fixed by this Court. 1/3

For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.M.Lingadurai Special Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to issue assignment order to the petitioner in respect of the Panjami land comprised in Survey No.162 admeasuring an extent of 2 acres situated at Keeranur Village, Poonjuthi Post, Melur Taluk, Madurai District, based on the petitioner's representation, dated 18.04.2022, within a time frame to be fixed by this Court.

2.The case of the petitioner is that he has been doing agricultural activities in the aforementioned property for more than 20 years. According to him, the aforementioned lands are panjami lands. He has sought for assignment order for the said lands in his name and has given a representation on 18.04.2022, to the respondents. Since the said representation has not been considered till date, he has filed this Writ Petition.

3.Heard Mr.K.A.S.Prabhu, learned counsel for the petitioner and Mr.M.Lingadurai learned Special Government Pleader, who accepts notice on behalf of the respondents.

4.No prejudice will 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.

5.The petitioner claims that he is doing agricultural operations in the aforementioned panjami lands for more than 20 years. It is for him to establish his case before the respondents, when his representation is considered on merits and in accordance with law, pursuant to the directions given by this Court today. 6.For the foregoing reasons, this Court directs the sixth respondent to consider the petitioner's representation, dated 18.04.2022, requesting the respondents to issue an assignment order in his favour in respect of the panjami land comprised in Survey No.162 admeasuring an extent of 2 acres situated at Keeranur Village, Poonjuthi Post, Melur Taluk, Madurai District and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and any other necessary parties, whom the sixth respondent deems fit to enquire, within a period of twelve

(12) weeks from the date of receipt of a copy of this order. 2/3

7.With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) TM To 1.The Commissioner of Land Administration, O/o.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 5.