IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.08.2017 CORAM THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.11237 of 2017 A.Stanislaus ...Petitioner v.
1. The Principal Secretary to Government Revenue Department Fort st. George, Chennai - 600 009
2. The District Collector Tiruvallroe District
3. The Tahsildar, Ponneri Tiruvallore District ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 24.3.2017 so as to grant Assignment in respect of the land measuring 7.5 acres in S.No.784/1, at No.140, Neithavoyal Village, Ponneri Taluk, Tiruvallore District, along with patta in favour of the petitioner on the strength of
a. B. memo already issued in favour of the petitioner;
b. Adangal extract pertaining to land in S.No.784/1, at No.140, Neithavoyal Village, Ponneri Taluk, Tiruvallore standing in the name of the petitioner;
c. Recommendation of the Village Administrative Officer, 140 , Neithavoyal Village, Ponneri Taluk, Thiruvallure District, as well as the Recommendations of the Revenue Inspector Kattoor Firka Ponneri;
d. The order dated 07.09.2015 in W.P.No.28029/15;
e. Village map published in 1985 by the Central Survey Department, Government of Tamil Nadu, Chepauk, Madras - 5;
f) Earlier representations given by petitioenr, starting from 1976 and the recommendation from the District Soldiers, Sailors and Airmns Welfare Board Thiruvallure; and (g) G.O.Ms.No.1270, Revenue Department Dated 12.06.1979, G.O.Ms.No.931 and G.O.Ms.No.1833 Revenue Department dated 20.08.1979 and taking into account that the petitioner is an Ex-Serviceman participated in Indo-Pakistan War in 1965 and Indo-Pakistan War in the Bengal- Assam, the present Bangaladesh and received Sankaram Medal in 1965 and Sainya Seva Medal in 1971 from His Excellency the President of India and Raksha Medal in 1973.
For Petitioners : Mr.R.Shanmugam For Respondents : Mr.E.Balamurugan Addl. Govt. Pleader O R D E R The petitioner has filed the above writ petition to issue a Writ of Mandamus directing the respondents to consider his representation dated 24.3.2017 so as to grant Assignment in respect of the land measuring 7.5 acres in S.No.784/1, at No.140, Neithavoyal Village, Ponneri Taluk, Tiruvallore District, along with patta in his favour.
2. It is the case of the petitioner that he is an Ex-Serviceman and participated in Indo-Pakistan War in 1965 and also awarded Sainya Seva Medal in 1971 from the President of India and Raksha Medal in the year 1973. On this back ground, the petitioner has sought for Assignment of land measuring an extent of 7.5 acres in S.No.784/1 along with patta in his favour and also given a representation dated 24.3.2017 to that effect.
3. Mr.R.Shanmugam, learned counsel appearing for the petitioner submitted that in spite of petitioner's representation dated 24.03.2017, the 1st respondent has not passed any order so far.
4. Mr.E.Balamurugan, learned Additional Government Pleader, appearing for the respondents submitted that the 1st respondent may be directed to consider the petitioner's representation dated 24.03.2017 and pass orders, in accordance with law.
5. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the 1st respondent to consider the petitioner's representation dated 24.03.2017, and pass orders, in accordance with law, within a period of eight weeks, from the date of receipt of a copy of this order.
With this observation, the writ petition is disposed of. No costs.
Index: Yes/No Note : Issue copy of the order by 07.08.2017 Rj 01.08.2017 To
1. The Principal Secretary to Government Revenue Department Fort st. George, Chennai - 600 009
2. The District Collector Tiruvallroe District
3. The Tahsildar, Ponneri Tiruvallore District M.DURAISWAMY,J.
Rj W.P.No.11237 of 2017 01.08.2017