Thiru.Prithiviraj, v. The Principal Secretary/
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.19564 of 2017 1.Prithiviraj 2.Abdul Samad 3.Shakila Banu 4.Mumthaz Begum 5.Alagarsamy 6.Devaki Thinakaran 7.Pandurangan 8.Marimuthu 9.G.Vaijayanthi 10.N.Murugan 11.Rajammal 12.Chandra Mohan 13.Vadivel Murugan 14.Lakshmi 15.Duraipandi 16.Indirani 17.Achutan 18.Arunagiri Raj 19.Jeyaraman 20.Valarmathi 21.Ramakrishnan 22.Thanapal
23.Pitchai Kannu 24.Jayalakshmi 25.Mayandi 26.Navaneethan 27.Subramanian 28.Mary 29.R.S.Murugesan 30.Rajeshwari 31.Thiruyana Sambandan .. Petitioners Vs.
1. The Principal Secretary/Commissioner of Land Reforms,
2. The Director, Land Reforms,
3. The Revenue Divisional Officer/Sub-Collector, (Authorized Officer)-Land Reforms, Madurai [Formerly - The Assistant Commissioner, (Land Reforms), Madurai.]
4. The Tahsildar, Madurai East Taluk Office, Madurai.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent herein to pass appropriate orders based on the proceedings of the third respondent in MR 4/225/Madurai, dated 14.01.2015.
For Petitioners : Mr.P.Vairava Sundaram For Respondents : Mr.J.Gunaseelan Muthaiah, Government Advocate.
ORDER
This writ petition is filed seeking a writ of Mandamus to direct the first respondent herein to pass appropriate orders
based on the proceedings of the third respondent in MR 4/225/Madurai, dated 14.01.2015.
2.Heard both sides.
3.The case of the petitioner is that the lands admeasuring 1 acre 25 cents and 0.50 cents, comprised in Survey Nos.27/1-G and 27/1-I were assigned to one Madurai Veeran and Ponnambalam, respectively, and they made the same as housing plots and the petitioners, without knowing the same, purchased the same from the years 1998 to 2006. Since the conditional period for the said assignments is not over, the third respondent cancelled the said assignments and re-allotted to one Kasturi and Vasantha respectively and they have not taken possession of the same, till now. Since the said lands are now surrounded by the residential areas, the first petitioner submitted a representation, dated 21.06.2014, to the Assistant Commissioner (Land Reforms), Madurai, to regularize the purchase, by way of collecting necessary fee, upon which, the Assistant Commissioner, sent a report, to the second respondent, vide proceedings, dated 14.01.2015, after conducting inspection. Since, the first respondent has not passed any further order, in respect of the same, the petitioner is before this Court.
4.The learned counsel for the petitioner would submit that it would be suffice, if an order is directed to be passed by the first respondent, based on the proceedings of the third respondent, dated 14.01.2015.
5.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the first respondent to pass appropriate orders in the issue in question, on its own merit and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, based on the proceedings of the third respondent, dated 14.01.2015. 6.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To
1. The Principal Secretary/Commissioner of Land Reforms,
2. The Director, Land Reforms,
3. The Revenue Divisional Officer/Sub-Collector, (Authorized Officer)-Land Reforms, Madurai [Formerly - The Assistant Commissioner, (Land Reforms), Madurai.]
4. The Tahsildar, Madurai East Taluk Office, Madurai.
+1cc to The Spl.Government Pleader Sr.No.90554 +1cc to Mr.P.Vairava Sundaram, Advocate Sr.No.90341 SMN VB/MR/KKR/SAR3/22/12/2017/4P/7C ORDER MADE IN W.P(MD)No.19564 of 2017 29.11.2017