BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05/12/2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA W.P.(MD)No.11265 of 2008 and M.P.(MD)No.1 of 2008 Mariappan ... Petitioner Vs. 1.The District Collector, Sivagangai District, Sivagangai. 2.The Tahsildar, Ilayangudi Taluk, Sivagangai District. 3.The Village Administrative Officer, Visavanoor Village, Ilayangudi Taluk, Sivagangai District. 4.The Commissioner of Land Reforms, Ezhilagam, Chennai. ... Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 10.11.2008 and to pass orders in accordance with G.O.Ms.No.34 dated 23.01.2008. !For Petitioner ... Mr.V.Manoharan ^For Respondents ... Mr.R.Janakiramulu Spl. Government Pleader :ORDER
This writ has been filed to direct the respondents to consider the
petitioner’s representation dated 10.11.2008 and to pass orders in accordance
with G.O.Ms.No.34 dated 23.01.2008.
2. Heard Mr.V.Manoharan, learned counsel for the petitioner and also
Mr.R.Janakiramulu, learned Special Government Pleader, who took notice on behalf
of the respondents.
3. The grievance of the petitioner as stood exposited from the affidavit
accompanying the writ petition as well as the representation made by the learned
counsel for the petitioner, is to the effect that the petitioner is in receipt
of the notice of eviction dated 20.11.2008 and it was actually served to the
petitioner on 22.11.2008, without any show cause notice and adhering to the
Provisions of law, the authorities are trying to take possession of it high
handedly; it is also the fact that the petitioner is in occupation of the
property for over forty years and thereby entitled to get the benefit under the
G.O.Ms.854 Revenue dated 30.12.2006; the petitioner also made earlier
representation for confirmant of patta in response to the publication of the
District Collector, Sivagangai dated 29.10.2008 in the newspaper. Hence, the
learned counsel for the petitioner prays for a direction to the Tahsildar to
consider his representation.
4. Heard the learned Special Government Pleader.
5. Hence, in this factual matrix, I would like to observe as under:
The bare perusal of the impugned notice would show that the very notice
itself has been issued only in pursuance of the order dated 01.08.2008 in
W.P.Nos.6234 and 6230 of 2008. But there is no reference in that notice about
any previous show cause notice having been issued before passing that final
order.
6. Be that as it may, the learned counsel for the petitioner would submit
that the petitioner is entitled to get the benefit under G.O.Ms.854 Revenue
dated 30.12.2006 and that there is a representation dated 10.11.2008 is also
pending with the second respondent viz., the Tahsildar, Ilayangudi Taluk,
Sivagangai District.
7. Hence, in such a case, I would like to issue the following direction:
The second respondent viz., the Tahsildar, Ilayangudi Taluk, Sivagangai
District shall consider the representation of the petitioner dated 10.11.2008
after giving due opportunity of being heard to the petitioner immediately and
the petitioner is also expected to furnish a fresh copy of the representation
enclosing along with the copy of this order to the second respondent and
thereupon the second respondent shall look into the matter and pass orders.
8. With the above direction, this writ petition is disposed of. No costs.
Consequently, connected Miscellaneous Petition is closed.
dp/smn
To
1.The District Collector,
Sivagangai District,
Sivagangai.
2.The Tahsildar,
Ilayangudi Taluk,
Sivagangai District.
3.The Village Administrative Officer,
Visavanoor Village,
Ilayangudi Taluk,
Sivagangai District.
4.The Commissioner of Land Reforms,
Ezhilagam,
Chennai.