Venkadesan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.12687 of 2021 Venkadesan ... Petitioner vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The District Revenue Officer, Thanjavur District, Thanjavur.

3.The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

4.The Thasildar, Taluk Office, Thiruvadaimaruthur, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents 1 to 4 to give assignment of Survey Numbers 88/3 and 88/4, which are Government Vacant Nanjai lands situated at Revenue Village Mullukkudi, Thiruvadaimaruthur Taluk, Thanjavur District to the etitioner under the Ex-Service man category.

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For Petitioner :Mr.R.Murugappan For Respondents :Mr.K.S.Selva Ganesan Additional Government Pleader *****

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondents 1 to 4 to assign the land in S.Nos.88/3 and 88/4 under the ex-service man category to the petitioner within a time frame fixed by this Court.

2.The grievance of the petitioner is that he had made a representation to the respondents to assign the lands in S.Nos.88/1, 88/3 and 88/4 under the ex-service man category, since the petitioner was in possession and enjoyment of those lands. Since the representation was not considered, he filed a Writ Petition in W.P.(MD)No.9703 of 2007 before this Court and this Court by an order dated 23.11.2007 directed the first respondent to deal with the representation and take a decision. Pursuant to the same, the first respondent assigned S.No.88/1 to the petitioner. However, the claim made by the petitioner for assignment of S.Nos.88/3 and 88/4 was not considered. Therefore, the petitioner made a subsequent representation in this regard on 31.08.2021. Since the same 2/5

was not considered, the present Writ Petition has been filed before this Court.

3.Heard Mr.R.Murugappan, learned Counsel appearing on behalf of the petitioner Mr.K.S.Selva Ganesan, learned Additional Government Pleader appearing on behalf of the respondents. 4.The learned Additional Government Pleader appearing on behalf of the respondents submitted that the decision taken by the respondents with regard to the representation made by the petitioner on 31.08.2020 will be conveyed to the petitioner within a time frame fixed by this Court.

5.Taking into consideration the facts and circumstances of the case and the limited relief sought for by the petitioner, there shall be direction to the first respondent to convey the decision taken on the representation made by the petitioner on 31.08.2020 within a period of six weeks from the date of receipt of a copy of this order.

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6.This Writ Petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed. Index :Yes / No 07.11.2023 Internet :Yes / No NCC :Yes / No cmr To 1.The District Collector, Thanjavur District , Thanjavur.

2.The District Revenue Officer, Thanjavru District , Thanjavur.

3.The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

4.The Thasildar, Taluk Office, Thiruvadaimaruthur, Thanjavur District.

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N.ANAND VENKATESH, J.

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