It is stated by the petitioners that they are Farmers doing agricultural operation in Velangadu Pattakulam Region in Bodinayakkanur, Munthal Village, for the last three generations. The petitioners' name have also been registered in the Government Register of Tenants and they have been also issued with an 'F' patta. The said 'F' pattas were granted in favour of the petitioners to an extent of " part of lands in their possession and it has been informed that the rest of the land will be surveyed and patta will be issued later.
2. The first respondent has issued a notification dated 19.05.2008 to the respondent Nos. 2 to 5 and also issued the notices inviting their objections for assignment of surplus lands acquired under Tamil Nadu Land Reforms (FCL) Act and further requested the respondent Nos. 2 to 5 to publish in their Notice Board of their office and send certificate of publication to the office.
3. Form-B application was made at May 2008 inviting applications from eligible persons for assignment of surplus land acquired under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act 1961. The grievance of the petitioners are that by virtue of the said notification, the lands in their possession are attempted to taken away from them for the purpose of handing over the same to the third parties in that event. They will be deprived of their livelihood as they were in possession during agricultural operations for generations together.
4. The petitioners in this regard had submitted representation, dated 16.09.2008, to the second respondent, requesting the said official not to assign the surplus lands in Uthamapalayam and Bodinayakkanur to any other persons except to them. Since, no response is forthcoming, the present Writ Petition is filed.
5. This Court taking into consideration, the averments made in the affidavit and after hearing the submissions of the learned counsel for the petitioners and Mr.M.Raja Rajan, the learned Government Advocate appearing for the respondents, directs the second respondent to consider the representation dated 16.09.2008, on merits and in accordance with law and after affording an opportunity of personal hearing to the petitioners, to pass orders on merits.
6. The second respondent is directed to do the said exercise within a period of six weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.
vsg To
1. The Assistant Commissioner Land Reforms Tirunelveli and Assistant Commissioner (In-charge) Land Reforms and Land Ceiling and Urban Land Tax Madurai
2. The District Collector Theni District
3. The District Revenue Officer Theni District
4. The Revenue Divisional Officer Uthamapalayam Theni District
5. The Tahsildar, Bodinayakkanur,Theni District