M.C.D.A. Rajan v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.05.2017

CORAM:

THE HONOURABLE Mr.JUSTICE M.V.MURALIDARAN W.P.(MD)No.9689 of 2017 and W.M.P.(MD)No.7437 of 2017 M.C.D.A.Rajan ... Petitioner Vs.

1. The Secretary to Government, Revenue Department, Fort St. George, Chennai-1.

2. The District Collector, Tirunelveli District, Tirunelveli.

3. The Revenue Divisional Officer, Cheranmahadevi,

4. The Thasildhar, Radhapuram Taluk, Radhapuram, Tirunelveli District. ... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents to finalize the proceedings of assignment initiated vide Na.Ka.No.A4.14525/99 dated 07.11.2000 for transfer of classification of land and assign piece of waste land situated in 1261/3/3 to an extent of 1.00 are and S.No.1261/7 to an extent of 1.50 are for the consideration fixed by them by considering the representation of the petitioner dated 23.01.2017 and 01.05.2017 within the time fixed by this Court and further pending finalization of the above proceedings forbear the respondents from interfering with the possession of the petitioner. For Petitioner : Mr.H.Arumugam For Respondents : Mr.A.Muthu Karuppan Additional Government Pleader

O R D E R

The petitioner seeks for a Writ of Mandamus directing the respondents to finalize the proceedings of assignment initiated

vide Na.Ka.No.A4.14525/99 dated 07.11.2000 for transfer of classification of land and assign piece of waste land situated in 1261/3/3 to an extent of 1.00 are and S.No.1261/7 to an extent of 1.50 are for the consideration fixed by them by considering the representation of the petitioner dated 23.01.2017 and 01.05.2017 within the time fixed by fixed by this Court and further pending finalization of the above proceedings forbear the respondents from interfering with the possession of the petitioner. 2.The learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

3.The learned counsel for the petitioner submitted that it would suffice if the representation of the petitioner is directed to be disposed of, on merits and in accordance with law, within a time frame to be fixed by this Court.

4.In view of the limited scope of the prayer, without going into the merits of the matter, respondents are directed to consider and dispose of the representation of the petitioner, dated 01.05.2017, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after providing an opportunity of personal hearing to the petitioner as well as to the interested person, if any. 5.With the above direction, the Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar (CS-III) /True copy/ Sub Assistant Registrar To:

1. The Secretary to Government, Revenue Department, Fort St. George, Chennai-1.

2. The District Collector, Tirunelveli District, Tirunelveli.

3. The Revenue Divisional Officer, Cheranmahadevi,

4. The Thasildahr, Radhapuram Taluk, Radhapuram, +1 CC to M/s.H.ARUMUGAM, Advocate, SR No. 57543/17. +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 57701/17. SRM/GNS/RMI PSM/KKR/SAR4/05.06.2017/3P/7C W.P.(MD)No.9689 of 2017 and W.M.P.(MD)No.7437 of 2017 24.05.2017