Madras High Court
A.Sahayam vs The State Of Tamil Nadu on 30 November, 2010
Author: M.Jaichandren
Bench: M.Jaichandren
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30/11/2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition(MD).No.9895 of 2010 and M.P.(MD).No.2 of 2010 1. A.Sahayam 2. M.s.K.Kader Batcha ... Petitioners Vs. 1. The State of Tamil Nadu, represented by its Secretary, Department of Revenue, Secretariat, Chennai. 2. The District Collector, Collectorate, Ramanathapuram District. 3. The Tahsildar, Rameswaram Taluk, Ramanathapuram District. 4. S.Sadick ul Ameen ... Respondents Prayer Petitions filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondent No.2 to forbear the respondent No.4 from selling the Government Assessed waste property without the permission by the government and consequently consider the petitioner's representation, dated 15.07.2010 and grant assignment for the house site land out of the extent of 1 Acre and 86 cents in Survey No.974/2, situated at Pamban Village, Rameswaram Taluk, Ramanathapuram District, within the period of stipulated by this Court. !For Petitioners ... M/s. T.Lajapathi Roy ^For R1 to R3 ... Mr.K.M.Vijaya Kumar, Special Government Pleader For R4 ... Mr.M.Ajmalkhan :ORDER
At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioners had submitted that it would suffice, if the petitioners are permitted to make a fresh representation to the second respondent, with regard to the allotment of land, for residential purposes, other than the land in Survey No.974/2, situated at Pamban Village, Rameswaram Taluk, Ramanathapuram District, and if the second respondent is directed to dispose of the representation submitted by the petitioners, on merits and in accordance with law, within a specified period.
2. The learned counsels appearing on behalf of the respondents, have no objection for such an order being passed by this Court.
3. In view of the submissions made by the learned counsels appearing on either side, the petitioners are permitted to make a representation to the second respondent, with regard to the allotment of land, for residential purposes, other than the land in Survey No.974/2, situated at Pamban Village, Rameswaram Taluk, Ramanathapuram District, within a period of fifteen days from today, and on such representation being submitted, the second respondent is directed to dispose of the same, on merits and in accordance with law, within a period of twelve weeks thereafter. The petitioners are directed to furnish a copy of the representation to the second respondent, along with the copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter.
With the above directions, the writ petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.
akv To
1. The State of Tamil Nadu, represented by its Secretary, Department of Revenue, Secretariat, Chennai.
2. The District Collector, Collectorate, Ramanathapuram District.
3. The Tahsildar, Rameswaram Taluk, Ramanathapuram District.