← Library
Madras High CourtWP(MD)/18832/2019disposed of

Ammaiyappan v. The District Collector

2019-08-30Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR Ammaiyappan ... Petitioner -Vs1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Vedasandur Taluk, Vedasandur, Dindigul District.

3.The Village Administrative Officer, Ramanathapuram village camp at Kanapadi, Vedasandur Taluk, Dindigul District.

... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to pass orders on the petitioner's representation dated 08.07.2019 based on the Revenue records and other relevant documents of Settlement Office, Collectorate, Dindigul within a time stipulated by this Court.

For Petitioner : Mr.F.Deepak For Respondents : Mr.P.Kannithevan, AGP

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the respondents to pass orders on the petitioner's representation dated 08.07.2019 based on the Revenue records and 1/3

other relevant documents of Settlement Office, Collectorate, Dindigul within a time stipulated by this Court. 2.Heard Mr.F.Deepak, learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned Additional Government Pleader appearing for the respondents.

3.With regard to the properties at S.Nos.159/2, 160/2, 166/1, 103/2, 103/4, 112/2, 112/5, 122/2 and 123/3 situated at Kuppamuthupatty, Ramanathapuram village, Vedasandur Taluk, Dindigul District, the petitioner had given a representation dated 08.07.2019 to the 1st respondent District Collector on the alleged reason that in the 'A' register, the lands has been wrongly classified as Government land and pattas have been granted to third parties, who are in occupation in that land, whereas, the lands belong to the petitioner as he is entitled to inherit the same from his forefathers. In this context, the learned counsel appearing for the petitioner submits that, only if the said representation dated 08.07.2019 is decided by the 1st respondent, on merits and in accordance with law, within a time frame to be stipulated by this Court, the petitioner would be satisfied.

4.I have heard the learned Additional Government Pleader appearing for the respondents, who would submit that, the petitioner cannot as a matter of right seek for assignment or patta in respect of the land in question, which according to the petitioner has been classified as Government land, but, at any rate, since the petitioner has given representation, the said representation of the petitioner dated 08.07.2019 would be considered and orders would be passed thereon, on merits, within a time frame to be stipulated by this Court.

5.Considering said submission made by both sides, this Court is inclined to dispose of this writ petition, with the consent of both the parties, at the stage of admission itself, with the following direction:

"The 1st respondent is hereby directed to consider representation of the petitioner dated 08.07.2019 and pass orders thereon, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

It is made clear that, since the petitioner has given some representation and the same is pending with the 1st respondent, this direction is issued to dispose of the same on merits, it cannot be construed that, this Court, after having accepted the case of the petitioner for his entitlement with regard to the land in question, passed this order. Accordingly, needful shall be done by the 1st respondent within the time stipulated above." 2/3

6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) Arul To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Vedasandur Taluk, Vedasandur, Dindigul District.

3.The Village Administrative Officer, Ramanathapuram village camp at Kanapadi, Vedasandur Taluk, Dindigul District.

+1 CC to M/s.F.DEEPAK, Advocate ( SR-84387[F] dated 30/08/2019 ) Order made in Dated:

30.08.2019 KK/SAR/20.12.2019/3P-5C/ 3/3