Praveen Kumar v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Praveen Kumar ... Petitioner Vs.

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

2.The Assistant Director of Ex-Service Men Welfare, Ex-Servicemen Welfare Office, Sivagangai.

3.The District Collector, Sivagangai District, Sivagangai.

4.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

5.The Tahsildar, Kalayarkovil Taluk, Sivagangai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned report in Na.Ka.A1/1167/2023 dated 15.06.2023 on the file of the 5th respondent and quash the same and further 1/4

direct the 4th respondent to allot the land in S.No.220/2 Karumanthakudi Village, Adhapadakki Village Group, Kalayarkovil Taluk, Sivagangai District to an extent of 0.94.0 ares i.e. 2 acre 32 cents to the petitioner under the circular issued by the Ministry of Defense, Government of India on 15.06.1964. For Petitioner : Mr.V.Kannan For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard both sides.

2. The petitioner is serving in the Indian Army. He has already put in six years of service. The petitioner invokes certain circular issued by the Government and is praying for allotment of land.

3. The Revenue Divisional Officer, Sivagangai is the authority competent to take a call. The petitioner in this writ petition challenges the communication sent by the fifth respondent proposing rejection of the petitioner's request.

4. As rightly pointed out by the learned Special Government Pleader, the impugned communication is a mere report submitted by the Tahsildar and therefore, it is not amenable to challenge. The petitioner is given liberty to offer his comments on the impugned communication sent by the fifth respondent. The fourth respondent will take a call in the matter after considering the petitioner's remarks on the impugned communication. Final 2/4

order shall be passed by the fourth respondent within a period of eight weeks from the date of receipt of offering of such remarks by the petitioner. The learned counsel for the petitioner states that such representation will be given by the petitioner within two weeks from today. I make it clear that I have not gone into the merits of the matter.

5. The Writ Petition is disposed of. No costs. 20.11.2023 Index : Yes / No Internet : Yes/ No rmi To 1.The Secretary to Government, Revenue Department, St.George Fort, Secretariat, Chennai.

2.The Assistant Director of Ex-Service Men Welfare, Ex-Servicemen Welfare Office, Sivagangai.

3.The District Collector, Sivagangai District, Sivagangai.

4.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

5.The Tahsildar, Kalayarkovil Taluk, Sivagangai District.

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G.R.SWAMINATHAN, J.

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