Madras High CourtWP(MD)/15912/2017disposed of

S.Ramasamy, v. The Government Of Tamilnadu

2017-08-23Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.15912 of 2017 S.Ramasamy ... Petitioner Vs.

1.The Government of Tamil Nadu rep. by it's Secretary, Public Works Department, Fort St. George, Chennai.

2.The Commissioner of Land Administration, Chepauk, Chennai.

3.The District Collector, District Collector Campus, Madurai, Madurai District.

4.The Executive Engineer, Periyar Vaigai Division, Public Works Department, Madurai - 625 002.

5.The Thasildar, Vadipattai Taluk, Madurai District. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 2 to 4 to grant the land assignment in favour of the petitioner to an extent of about 2.07 acres in S.No.16 at Sholavandan village, Vadipatti Taluk, Madurai District as a special case based on his continuous possession and enjoyment of the said land within the time frame stipulated by this Court. For Petitioner : Mr.T.Lajapathy Roy For Respondents : Mr.G.Muthukannan Govt. Advocate

O R D E R

This writ petition is filed seeking for issuance of a Writ of Mandamus directing the respondents 2 to 4 to grant the land assignment in favour of the petitioner to an extent of 2.07 acres in S.No.16 at Sholavandan village, Vadipatti Taluk, Madurai District as a special case based on his continuous possession and enjoyment of the said land.

2.Mr.G.Muthukannan, learned Government Advocate takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.The learned counsel appearing for the petitioner would submit that despite the order passed in the earlier writ petition in W.P(MD)No.8721 of 2006, the request of the petitioner for assignment of the land in S.No.16, Sholavandan village, Vadipatti Taluk, Madurai District, was not considered. Hence, the petitioner gave a representation dated 13.07.2017. Since no favourable order was passed, the present writ petition. 4.The learned Government Advocate appearing for the respondents would submit that the second respondent, who is the competent authority, is ready to consider the representation of the petitioner on merits and in accordance with law. 5.

In view of the above submission and the prayer sought for in the writ petition, this Court, without going into the merits of the matter, directs the second respondent to consider the representation of the petitioner dated 13.07.2017 and pass appropriate orders on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Secretary,The Government of Tamil Nadu Public Works Department, Fort St. George, Chennai.

2.The Commissioner of Land Administration, Chepauk,Chennai.

3.The District Collector, District Collector Campus, Madurai, Madurai District.

4.The Executive Engineer, Periyar Vaigai Division, Public Works Department, Madurai - 625 002.

5.The Thasildar, Vadipattai Taluk,Madurai District.

+1cc to M/S.T.LAJAPATHI ROY, Advocate SR.No.74324 +1cc to Special Government Pleader, SR.No. 74710 skn MAS/SV-MMS/SAR2:14.09.2017:3P-8C W.P.(MD)No.15912 of 2017 23.08.2017