The Writ Petition is filed praying to issue a Writ of Mandamus directing the respondents to allot the land comprised in S.No.237/1 and 101 Agaramthen Village, Tambaram Taluk, Kancheepuram District in favour of the petitioner.
2. The brief facts for disposal of the case is as follows:- The writ petitioner claims to be a repatriate from Ceylon and migrated to Chennai in the year 1973. Based on valid emigration documents and certificates, he contacted the Special Deputy Collector, Madapam for appropriate assistance as Ceylon Repatriate under various schemes. According to the petitioner, he was assigned with land measuring 2.15 acres in Survey No.237/1, Agaramthen Village, Saidapet Taluk, Kancheepuram District for purpose of agricultural operations. In April 1998, petitioner made an application to the District Collector for issuance of patta and for payment of penal charges. Since there was threat of encroachment and displacement, petitioner made a representation to the Special Commissioner and District Collector on 14.2.2002 to grant him patta. It is averred by the petitioner that on 18.2.2002, the second respondent Special Commissioner directed the District Collector to consider the representation and redeliver the land to the petitioner after removing the encroachment. Since no action was taken consequent to the representation, petitioner filed W.P.No.8429 of 2003. This court by order dated 19.3.2003 directed the District Collector to consider his representation and pass orders in accordance with law. Third respondent District Collector considered the representation and rejected it on 29.5.2003 stating that the land is an Eri poromboke. First respondent appellate authority dismissed the appeal and confirmed the order of the District Collector stating that the Eri poromboke cannot be assigned. This proceeding was challenged before this court in W.P.No.1409 of 2004 and the same was dismissed. However, this court directed the first respondent to consider the petitioner's request for alternate site. Petitioner issued a legal notice dated 9.11.2004 and followed it with a representation dated 8.11.2004 addressed to the first respondent.
3. Counsel for the petitioner now states that on 11.8.2008, a fresh representation is made to the first respondent. No action has been taken by the first respondent in respect of a specific direction to consider the plea for alternate site.
4. In view of the limited relief sought for by the petitioner, the second respondent or any other appropriate authority is directed to consider the representations dated 9.11.2004, 18.11.2004 and 11.8.2008 whereby the petitioner seeks alternate site on the ground that he is a Ceylon repatriate.
5. Learned Additional Government Pleader states that the representations referred to above, in particular the representation dated 11.8.2008 should be placed before the first/and 2nd respondent by the Petitioner so as to consider his case on merits.
6. In view of the above, petitioner is directed to submit his representation dated 11.8.2008 along with the earlier representations in the proper form to the first/or second respondent. The representation should be submitted along with a copy of this order. As and when such a representation is made, the first/or the second respondent or any other appropriate authority shall consider the petitioner's claim on its own merits and pass orders within a reasonable period of time preferably before 31.8.2009. Writ Petition is disposed off with the above direction. Consequently, connected miscellaneous petition is closed. No cots.
ts To
1.The Special Commissioner and Commissioner for Land Administration, Chepauk, Chennai-5.
2.The Special Commissioner and Commissioner of Rehabilitation, Chepauk, Chennai-5.
3.The District Collector, Kancheepuram District, Kancheepuram.
4.The Tahlidar, Tambaram Taluk, Kancheepuram District.
5.The Assistant Engineer, Tamil Nadu Electricity Board, Chembakkam, Chennai 73