BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20/10/2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA W.P.(MD)No.9057 of 2008 and M.P(MD)No.1 of 2008 R.Balu ... Petitioner Vs. 1.The District Collector, Madurai District, Madurai. 2.The Assistant Settlement Officer, Madurai. ... Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 10.07.2008 and grant assignment of land in Survey No.198/1, in Thanakankulam village, Madurai South Taluk and Madurai District. !For Petitioner ... Mr.V.Bharathidasan ^For Respondents... Mr.R.Janakiramulu Special Govt. Pleader * * * * * :ORDER
This petition has been filed to direct the first respondent to consider
the petitioner’s representation dated 10.07.2008 and grant assignment of land in
Survey No.198/1, in Thanakankulam village, Madurai South Taluk and Madurai
District, by issuing a Writ of Mandamus.
2. Heard the learned Counsel for the petitioner as well as the learned
Special Government Pleader for the respondents.
3. The gist and kernel of the grievance of the petitioner as stood
exposited from the submissions made by the learned Counsel for the petitioner
which itself is based on the grounds of the affidavit accompanying the petition,
would be to the effect that earlier the revenue authorities namely the Assistant
Settlement Officer vide order dated 31.08.1971, in paragraph No.8 stated thus:
“S.No.216 will be treated as Assessed Waste Dry. Separate orders will be
passed in respect of S.Nos.203/2, 204/4, 204/1 and 198/1.”
4. Subsequently, vide proceedings dated 29.11.2005, the District Collector
passed orders as though the petitioner could not be given with patta in respect
of S.No.198/1 measuring 21 cents as it forms part of poramboke water catchment
area (water body).
5. Being aggrieved by the said order, the petitioner gave representation
dated 10.07.2008 over which there is no response.
6. The learned Special Government Pleader would submit that the said
S.No.198/1 as per the District Collector’s view, is forming part of water body
which cannot be the subject matter of issuance of patta in favour of the
petitioner and as such, the grievance of the petitioner is not well founded.
7. This Court in this writ petition is not going to give any finding on
factual controversy. Now, the prayer of the petitioner is only to the limited
extent of considering his representation. It is not readily known as to whether
the order dated 29.11.2005 is an appealable order. If it is so, then the same
could have been specified in the order itself.
8. Be that as it may, the first respondent shall do well to see that the
representation of the petitioner dated 10.07.2008, is disposed of on merits,
untrammeled and uninfluenced by the observations made in this petition in
disposing of the same, within a period of six weeks from the date of receipt of
a copy of this order.
9. With the above direction, this petition is disposed of. Consequently,
the connected Miscellaneous Petition is closed. No costs.
rsb
To
1.The District Collector,
Madurai District,
Madurai.
2.The Assistant Settlement Officer,
Madurai.