M/S.The Amalgamated Coalfields v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.22188 of 2017 M/s. The Amalgamated Coalfields Limited, Rep. by its authorized signatory, C.Sitaram, K.Sathanur Village, K.K. Nagar, Trichy.

... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Srirangam Taluk, Trichy District.

3.The District Adi Dravidar Welfare Officer, Adi Dravidar and Tribal Welfare Department, Collectorate, Trichy.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to issue patta for S.No.8/9B measuring 0.39.5 Hec and S.No.8/9C measuring 0.39.0 Hec. of Somarasampettai Villge, Trichirappalli to the petitioner.

For Petitioner : Mr.R.Subramanian For Respondents : Mr.T.S.Mohamed Mohideen, Additional Government Pleader *****

O R D E R

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

2. Heard the learned Counsel for the petitioner and Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader, who takes notice for the respondents.

3. According to the petitioner-company, the property in question belongs to them and the same was proposed to be acquired by the first respondent, vide notification in the year 1994. The said https://hcservices.ecourts.gov.in/hcservices/

notification was, subsequently, quashed by this Court on 22.12.2004 and thereafter, the authorities had dropped the proposed acquisition. It is the grievance of the petitioner-company that the property still stands in the name of the Government in the revenue records, despite repeated representations by them. Aggrieved over the same, they are before this Court for the aforesaid relief.

4. When the matter is taken up for hearing today, the learned counsel for the petitioner submitted that it would be suffice, if the representation of the petitioner-company dated 09.11.2017 is disposed of, by the respondents, as per law, within a stipulated time limit.

5. Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the respondents to consider the representation of the petitioner dated 09.11.2017 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the other interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order.

6. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Srirangam Taluk, Trichy District.

3.The District Adi Dravidar Welfare Officer, Adi Dravidar and Tribal Welfare Department, Collectorate, Trichy.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 92091 +1cc to M/s.R.SUBRAMANIAN Advocate in SR. No. 90952 GK JS/GT/SAR.4/05.01.2018/2P-6C W.P(MD)No.22188 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 05.12.2017