IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.08.2017 CORAM THE HONOURABLE MR. JUSTICE M.DURAISWAMY W.P.No.16664 of 2016
1. Ranjith
2. Dr.Ravikumar ... Petitioners Vs
1. The Commissioner of Land Reforms Chepauk, Chennai – 600 005.
2. The Assistant Commissioner, Land Reforms, Chennai.
3. The District Revenue Officer, Tiruppur.
4. The Tahsildar, Dharapuram Taluk, Tiruppur District.
5. The Tahsildar, Kangeyam Taluk, Tiruppur District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus directing the third respondent to pass orders on the petitioners' representation dated 21.03.2015, 20.10.2015 and reminder dated 21.04.2016 by removing the “surplus land” entry made in the revenue records of the petitioners' lands and incorporate petitioners' names in Old S.F.Nos.1072, 1073, 1105 (New R.S.F.Nos.1072 1A, 1B, 1C, 1D, 1E, 1073/2B, 2A totally 2 acres, 1086/1 totally 2.36 acres, 1091/2, 1093, 1094/2, 1096/2, 1097, 1099/1, 1105 1A, 1B, 1C, 1D, 1E, 1F, 1G, 1H totally 8.04 acres situated in Mudalipalayam, Kangeyam Taluk, Tirupur District and Old S.F.Nos.40, 41, 47, 48, 49, 64A, 69, 67, 68 (New R.S.F.Nos.39/2, 46/1A2, 46/1B1, 64/2, 66/2, 68/2) situated in Kolumanguli Village, Darapuram Taluk, Tiruppur District and consequentially direct the 4th and 5th respondents to grant patta in favour of the petitioners in accordance with the order dated 08.12.1974 in LTA No.382 of 1973 passed by the Land Tribunal, Coimbatore within a time frame to be fixed by this Court.
For Petitioners : Mr.K.Rajasrinivas for Mr.C.Ananda Ramani For Respondents : Mr.S.V.Dorai Solaimalai, AGP ORDER The petitioners have filed the above Writ Petition for a writ of Mandamus directing the third respondent to pass orders on the petitioners' representation dated 21.03.2015, 20.10.2015 and reminder dated 21.04.2016 by removing the “surplus land” entry made in the revenue records of the petitioners' lands and incorporate the names of the petitioners in Old S.F.Nos.1072, 1073, 1105 (New R.S.F.Nos.1072 1A, 1B, 1C, 1D, 1E, 1073/2B, 2A totally 2 acres, 1086/1 totally 2.36 acres, 1091/2, 1093, 1094/2, 1096/2, 1097, 1099/1, 1105 1A, 1B, 1C, 1D, 1E, 1F, 1G, 1H totally 8.04 acres situated in Mudalipalayam, Kangeyam Taluk, Tirupur District and Old S.F.Nos.40, 41, 47, 48, 49, 64A, 69, 67, 68 (New R.S.F.Nos.39/2, 46/1A2, 46/1B1, 64/2, 66/2, 68/2) situated in Kolumanguli Village, Darapuram Taluk, Tiruppur District and consequently direct the 4th and 5th respondents to grant patta in favour of the petitioners in accordance with the order dated 08.12.1974 in LTA No.382 of 1973 passed by the Land Tribunal, Coimbatore within a time frame to be fixed by this Court.
2. The learned counsel for the petitioners submitted that the petitioners have given representations dated 21.03.2015, 20.10.2015 and 21.04.2016. However, the respondents 3 to 5 have not passed any order so far. The learned counsel further submitted that it would suffice, if the respondents 3 to 5 are directed to consider the petitioners' representations and pass orders in accordance with law.
3. Mr.S.V.Dorai Solaimalai, learned Additional Government Pleader appearing for the respondents submitted that the respondents 3 to 5 may be directed to consider the petitioners' representations and pass orders, after giving notice to all the interested parties.
4. In view of the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the respondents 3 to 5 to consider the representations of the petitioner dated 21.03.2015, 20.10.2015 and 21.04.2016 and pass orders in accordance with law, after giving notice to all the interested parties, within a period of twelve weeks from the date of receipt of a copy of this order.
costs.
With this observation, this writ petition is disposed of. No 02.08.2017 Index: Yes/No rk
NOTE: ISSUE ON 07.08.2017
To
1. The Commissioner of Land Reforms Chepauk, Chennai – 600 005.
2. The Assistant Commissioner, Land Reforms, Chennai.
3. The District Revenue Officer, Tiruppur.
4. The Tahsildar, Dharapuram Taluk, Tiruppur District.
5. The Tahsildar, Kangeyam Taluk, Tiruppur District.
M.DURAISWAMY, J.
rk W.P.No.16664 of 2016 02.08.2017