R.Ramachandran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.15076 of 2017 R.Ramachandran ... Petitioner Vs.

1. The District Collector,

2. The District Revenue Officer, Virudhunagar District, Virudhunagar.

3. The Tahsildar, Srivilliputhur Taluk,

4. The Sub-Registrar, Srivilliputhur, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to allot two cents of lands in S.No.800/1 of Pillayarkulam village, Srivilliputhur Taluk to the petitioner by receiving the guideline value assessed by the fourth respondent to the above mentioned lands based on his representation dated 22.09.2016.

For Petitioner : Mr.S.Sukumar For Respondents : Mr.J.Gunaseelan Muthiah, Government Advocate.

ORDER

By consent, this writ petition itself is taken up for final disposal.

2. Heard the learned Counsel on either side.

3. The case of the petitioner is that the petitioner and

his wife put up a thatched hut in Survey No.800/1 of Pillayarkulam Village under the scheme for allotment of lands to landless poor and his wife Chellammal made a representation to the first respondent to allot the said property in question. Pursuant to non-consideration, his wife already approached this Court by filing WP(MD) Nos.6860 and 13235 of 2014, in which, suitable directions were issued to consider her request for allotment of lands. In the meanwhile, his wife expired on 15.07.2015 and later, the petitioner has submitted a representation dated 22.09.2016 to the respondents with a similar request and also expressed his willingness to pay the guideline value. Since the said representation has not been considered so far, the petitioner is before this Court with the above prayer.

4. The learned Government Advocate appearing for the respondents would submit that if a reasonable time is granted to them, appropriate orders will be passed on the representation of the petitioner dated 22.09.2016.

5. Considering the facts and circumstance of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matters, directs the respondents 1 to 3 to consider the representation of the petitioner dated 22.09.2016 and pass suitable orders thereon, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner as well as other interested parties, if any, keeping in mind the report dated 06.04.2012 of the Revenue Inspector, Pillayarkulam, Srivilliputtur Taluk.

6. Accordingly, this writ petition stands disposed of, as above. No costs.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The District Collector,

2. The District Revenue Officer, Virudhunagar District, Virudhunagar.

3. The Tahsildar, Srivilliputhur Taluk,

4. The Sub-Registrar, Srivilliputhur, + 1 CC TO Mr.S.SUKUMAR, ADVOCATE IN SR No. 86683 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 87018 RM TE/GT/SAR-3 : 27/11/2017 : 3P/7C W.P(MD)No.15076 of 2017 13.11.2017