Vijayakumar.R v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2021
CORAM:
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY R.Vijayakumar ... Petitioner versus 1.The District Collector, Dindigul District, Dindigul.
2.The District Revenue Officer, Dindigul District.
3.The Revenue Divisional Officer, Palani, Dindigul District.
4.The Thasildar, Kujiliyamparai Taluk, Dindigul District.
5.The Village Administration Officer, Kujiliyamparai Taluk, Dindigul District.
6.Aundiyammal ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the respondents 1 to 5 to consider and pass order on my representation dated 12.04.2021 within a stipulated time.
For Petitioner : Mr.S.Kameswaran For Respondents : Mr.P.Subbaraj Counsel for State for R1 to R4
O R D E R
The petitioner seeks cancellation of the free assignment of land to the sixth respondent.
2. The petitioner asserts that the free assignment of land scheme is intended for the landless. The sixth respondent herein is said to own several properties in Chinanulppai Village. In support of this contention, the petitioner refers to information received under the RTI Act, encumbrance certificates and pattas in the name 1/3
of the sixth respondent. Therefore, the petitioner submitted a representation on 12.04.2021 to the official respondents herein and has approached this Court requesting the consideration and disposal thereof.
3. Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of the respondents 1 to 4. He points out that by communication dated 31.05.2021 addressed by the District Collector to the Revenue Divisional Officer, Palani, the Revenue Divisional Officer was called upon to conduct an inquiry, take necessary action and communicate the result thereof to the petitioner and to the District Collector by way of a detailed report. Therefore, he states that necessary action would be taken in terms of such communication.
4. In the aforesaid facts and circumstances, the third and fourth respondents herein are directed to consider the petitioner's representation dated 12.04.2021 and dispose of the same by a reasoned order after providing a reasonable opportunity to the petitioner, the sixth respondent and any other person who would be affected thereby. Such reasoned order shall be passed within a period of three months from the date of receipt of a copy of this order. On account of the fact that the merits of the matter have not been determined as also because the third and fourth respondents have been directed to hear the sixth respondent before passing orders, the writ petition is being disposed of without notice to such respondent.
5. W.P.(MD).No.14267 of 2021 is disposed of on these terms without any order as to costs.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) Sbn 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 District Collector, Dindigul District, Dindigul.
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2.The District Revenue Officer, Dindigul District.
3.The Revenue Divisional Officer, Palani, Dindigul District.
4.The Thasildar, Kujiliyamparai Taluk, Dindigul District.
5.The Village Administration Officer, Kujiliyamparai Taluk, Dindigul District.
+1 CC to M/s.GP ( SR-26388[F] dated 16/08/2021 ) 13.08.2021 RD(25.08.2021) 3P 7C 3/3