R.Panner Selvam v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.08.2016
CORAM
THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD). No.15221 of 2016 Mr.R.Panneer Selvam ... Petitioner Vs.
1.The State of Tamil Nadu, rep. By its Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.
2.The Principal Secretary, Commissioner of Land Administration, Chepauk, Chennai-600 005.
3.The District Collector, O/o.The District Collectorate Campus, Madurai, Madurai District.
... Respondents Prayer:-Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st respondent to assign the lands allotted to the members of Madurai Reporter's Guild (Press Club) in Old Survey No.134/4 and New Survey No. 134/2A1, Tallakulam Village, Madurai North Taluk, Madurai District to an extent of 0.76.5 Hectares in the light of order passed by the 1st respondent in his proceedings in murhiz (epiy) vz;.369> tUtha;j ; (ep.K1(2) Jiw> dated 24.06.2008 and in the light of proposal forwarded by the 2nd respondent in his Lr.No.R.C.No. F2/27097/05 dt.14.05.2010 by considering the petitioner's representations dated 04.07.2015 and 11.07.2016 within the period that may be stipulated by this Hon'ble Court. For Petitioner :Mr.M.Ajmal Khan, Sr. Counsel for M/s.Ajmal Associates For Respondents :Mr.S.Kumar Addl. Govt. Pleader
O R D E R
Heard both sides. By consent, the main writ petition itself is taken up for final disposal.
2. No counter is filed on behalf of the respondents.
3.According to the petitioner, even though the First Respondent had allotted the lands comprised in Old Sy.No.134/4 and New Sy.No.134/2A1 to the members of the Madurai Press Club, by means of proceedings in G.O.(Ms).No.573, Revenue (Nee.Mu.1(2)) Department, as early as on 24.06.2008, the undue delay on the part of the Respondents in handing over of the possession of the said lands to the said members is nothing but violation of fundamental Right to Equality, Right to Life and Right to Property guaranteed under Articles 14, 21 and 300-A of the Constitution of India. Hence, the petitioner has approached this Court by filing the present writ petition.
4. At this stage, the Learned Senior Counsel for the Petitioner fairly submits that the petitioner would be satisfied that if his representations dated 04.07.2015 and 11.07.2016 addressed to the First Respondent/ Secretary to Government, Revenue Department, Secretariat, Chennai, are ordered to be considered by the First Respondent, within the time stipulated by this Court. The plea made on behalf of the petitioner in this regard appears to be quite reasonable and has some force.
5. Considering the fact that the petitioner's representations dated 04.07.2015 and 11.07.2016 addressed to the First Respondent/ Secretary to Government, Revenue Department, Secretariat, Chennai, are pending till date, without any disposal, at this stage, this Court, without going into the merits and contents of the representations so made, as stated supra, simpliciter, directs the First Respondent/ Secretary to Government, Revenue Department, Secretariat, Chennai, to look into the representations of the petitioner dated 04.07.2015 and 11.07.2016, within a period of two weeks from the date of receipt of copy of this order.
Thereafter, the First Respondent/Secretary to Government, Revenue Department, Secretariat, Chennai, is directed to pass a reasoned, speaking, order on merits in a fair, free, unbiased and dispassionate manner, (of-course, after providing necessary opportunity to the petitioner and others concerned, if any, by adhering to the principles of Natural Justice in true letter and spirit), within a period of four weeks. The petitioner is also required to lend his assistance and cooperation to the First Respondent/Secretary to Government, Revenue Department, Secretariat, Chennai, so as to enable him to do the needful in the subject matter in issue.
6. With the aforesaid observation(s) and direction(s), the writ petition stands disposed of. No costs. Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar
To 1.The Secretary to Government, State of Tamil Nadu, Revenue Department, Secretariat, Chennai-600 009.
2.The Principal Secretary, Commissioner of Land Administration, Chepauk, Chennai-600 005.
3.The District Collector, O/o.The District Collectorate Campus, Madurai, Madurai District.
+1 cc to M/s.Ajmal Associates, Advocate in SR.No.45730 +1 cc to The Special Government Pleader in SR.No. 45974 vs CSL/KBM/29.08.2016: 3P/6C Writ Petition (MD).No.15221 of 2016 18.08.2016