Tamil Nadu Government v. The Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.16073 of 2017 Tamil Nadu Government Office Assistants and Basic Servants Association, Pudukottai District, Represented by its District President. ... Petitioner Vs.
1. The Government of Tamil Nadu, Represented by the Secretary to Government, Revenue Department (A-2), Fort St.George, Chennai - 600 009.
2. The State of Tamil Nadu, Represented by its Secretary to Government, Forest and Fisheries Department, Fort St.George, Chennai - 600 009.
3. The Special Commissioner and Commissioner for Land Administration, Chennai.
4. The District Collector, Pudukottai District, Pudukottai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing the 1st respondent to reconsider and to pass appropriate fresh orders re-allotting 8.54 acres of land covered by G.O.No.1317 Forest and Fisheries Department dated 9.11.1983 in conformity with the order of this Court in W.P.No.13428 of 1999, dated 07.08.2000. For Petitioner : Mr.N.Balakrishnan For Respondents : Mr.M.Alagathevan Additional Government Pleader
ORDER
This writ petition has been filed, seeking to direct the first respondent to reconsider and pass appropriate fresh orders of reallotting 8.54 acres of land covered by G.O.No.1317 Forest and
Fisheries Department dated 9.11.1983 in conformity with the order of this Court in W.P.No.13428 of 1999, dated 07.08.2000. 2.Heard both sides.
3.By consent, the writ petition is taken up for final disposal at the stage of admission itself.
4.According to the petitioner, this writ petition has been filed by him as the President of the Government Office Assistants and Basic Servants Association. According to him, on 09.11.1983, the Government have allotted 8.54 acres of land in Pudukottai to its 154 members with a direction to remit the cost of Rs.10,33,089/-. While their request for revision of cost was pending consideration, without any notice, G.O.No.325, dated 28.06.1999 was issued, cancelling the earlier order of allotting the lands. Hence, WP.No.13428 of 1999 was filed, wherein this Court, on 07.08.2000, directed the Government to reconsider and pass fresh orders, in the light of the offer made by the petitioner to remit the cost of Rs.10,33,089/- with interest at 10%. Despite the same, the fourth respondent had not passed any orders.
So, they sent a representation on 17.05.2017, requesting to pass orders as per the directions of this Court. However, no orders have been passed either as per the direction of the Court or on the representation of the petitioner. Aggrieved over the same, the petitioner is before this Court.
5.The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that the representation of the petitioner would be considered on merits within the time stipulated by this Court.
6.Considering the limited scope of the relief sought for, in this writ petition, this Court, without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 17.05.2017 and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner and the other interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order. 7.With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar
To
1. The Secretary to Government, Revenue Department (A-2), Fort St.George, Chennai - 600 009.
2. The Secretary to Government, Forest and Fisheries Department, Fort St.George, Chennai - 600 009.
3. The Special Commissioner and Commissioner for Land Administration, Chennai.
4. The District Collector, Pudukottai District, Pudukottai.
+ 1 cc TO Mr.N.Balakrishnan , Advocate in SR No. 87795 dsk AE/MR KKR/SAR4/30.11.2017/3P/6C ORDER MADE IN W.P(MD)No.16073 of 2017 16.11.2017