Rm. Ramanathan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2016

CORAM:

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.(MD)Nos.20961 & 20962 of 2016 Rm.Ramanathan ... Petitioner in W.P.(MD)No.20961 of 2016 Rm.Meiyappan ... Petitioner in W.P.(MD)No.20962 of 2016 Vs.

1.The District Collector, Sivagangai District.

2.The District Revenue Officer, Sivagangai District.

3.The Revenue Divisional Officer, Devakottai, Sivagangai District.

4.The Tahsildar, Karaikudi Taluk, Sivagangai District.

... Respondents in both WPs Common Prayer: The petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 to 4 to pass orders on the petitioner's representation dated 08.10.2016 seeking to fix the market value for the petitioner's land measuring 0.69.0 and 0.76.5 ares situated in S.No.244/2 and S.No.244/1 resspectively of Kalanivasal Village, Karaikudi Taluk, Sivagangai District by collecting the sale particulars between 02.05.1984 and 01.05.1985 of adjoining lands as per the order dated 13.10.1995 and 18.10.1995 passed by the 2nd respondent and collect the same and issue patta. For Petitioners : Mr.M.Saravanan For Respondents : Mr.K.P.Krishnadoss, G.A.

COMMON ORDER The petitioners said to have purchased a land in Survey Nos.244/2 and 244/1 on 02.05.1985. The land was originally

assigned for the petitioners' vendor namely, Sebasthiyan. Since he has violated the assignment condition, the assignment was cancelled and the petitioners' appeal filed before the District Revenue Officer was also dismissed.

2.After purchase of the said land, the petitioners made some improvement in the said land and therefore, they made a request to the District Revenue Officer for assigning the land in their favour after payment of cost. The District Revenue Officer by an order dated 18.10.1995 upheld the order of cancellation of assignment.

However, on taking into consideration of the improvement made by the petitioners in the above land, the District Revenue Officer considered the case of the petitioners favourably, and asked the 4th Tahsildar, Karaikudi to send the particulars regarding market value for the above said lands. Since no order was by the respondents so far, the present Writ petition has been filed.

3.The learned counsel for the petitioners would submit that after filing of the Writ petition, the Sub Collector, Devakottai send another communication on 18.10.2016 directed the 4th respondent to collect the market value of the land in question. 4.Heard the learned counsel for the petitioners and the learned Government Advocate appearing for the respondents. 5.Since the 2nd respondent / District Revenue Officer has already considered the request of the petitioners in their favour, the 2nd respondent is directed to consider the representation of the petitioners on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order.

6.The Writ petitions are disposed of accordingly. No costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar

To 1.The District Collector, Sivagangai District.

2.The District Revenue Officer, Sivagangai District.

3.The Revenue Divisional Officer, Devakottai, Sivagangai District.

4.The Tahsildar, Karaikudi Taluk, Sivagangai District.

+ 2 CC TO Mr.R.SUBRAMANIAN, ADVOCATE IN SR No. 65174 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 65297 NBJ TE/GSV-PM : 21/11/2016 : 3P/8C W.P.(MD)Nos.20961 & 20962 of 2016 02.11.2016