S.Sundaramoorthy, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN S.Sundaramurthy ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Srivilliputhur Taluk, Srivilliputhur, Virudhunagar District.

3.The Chief Ordinance Officer, Central Vehicle Depot, Avadi, IAF Post, Chennai.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's representation dated 10.11.2017 for assignment of the land having an extent of 72 cents in Survey No.45/8, Gurukkalkulam Village, Srivilliputhur Taluk, Virudhunagar District, in the name of the legal heirs of Late.Sundaram, Ex-Serviceman No. 6849034 HAV/CLK/GD.

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For Petitioner : Ms.C.Geetha for Mr.V.Angusamy For R1 and R2 : Mr.S.P.Maharajan Special Government Pleader

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 10.11.2017, for assignment of the land having an extent of 72 cents in Survey No.45/8, Gurukkalkulam Village, Srivilliputhur Taluk, Virudhunagar District, in the name of the legal heirs of Late.Sundaram, Ex-Serviceman No.6849034 HAV/CLK/GD.

2. The petitioner appears to be son of an Ex-Serviceman, who has claimed rights over the land, which is in his possession, in the light of G.O.Ms.No.1750, Revenue Department, dated 13.05.1963.

3. The case of the petitioner is that the petitioner's father was retired as a Subedar from the Indian Army and therefore, he was entitled to land in terms of the above said Government Order. It is further submitted by the learned counsel for the petitioner that the petitioner's Page No. 2 of 5

father had sent a representation as early as 31.05.1967. However, it was not considered by the Office of the respondents. It is further submitted that the petitioner is now in possession of 72 cents of Government Poramboke land, which according to the petitioner, can be considered to be assigned in favour of the petitioner in line with G.O.Ms.No.1750, Revenue Department, dated 13.05.1963.

4. The learned counsel for the petitioner further submitted that the petitioner had sent a representation dated 10.11.2017, which also did not evoke any response from the respondents. Hence, the petitioner has approached this Court.

5. The learned Special Government Pleader for the respondents 1 and 2 submitted that the first respondent will consider the petitioner's representation dated 10.11.2017, in the light of G.O.Ms.No.1750, Revenue Department, dated 13.05.1963 and pass appropriate orders on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

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6. Recording the above said submission, this Writ Petition is disposed of directing the first respondent to pass appropriate orders on the representation of the petitioner, dated 10.11.2017, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. No costs.

03.04.2024 Index : Yes/ No Speaking Order / Non-Speaking Order smn2 To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Srivilliputhur Taluk, Srivilliputhur, Virudhunagar District.

3.The Chief Ordinance Officer, Central Vehicle Depot, Avadi, IAF Post, Chennai.

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C.SARAVANAN , J.

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