Disposed

G.Munusamy, v. The District Collector

Madras HC23 Sept 2020WP/12352/2016

Case brief

AI extract

What is this about?

This order disposed of a writ petition seeking issuance of patta for land in a hilly area. The Court held that a Government Order bars assignment in such areas but directed the Tahsildar to decide the pending representation within four weeks considering that ban.

What did the court decide?

The respondent Tahsildar is directed to pass necessary orders on the pending representation within four weeks, considering the Government Order banning land assignment in hilly areas. No costs.

G.Munusamy, Vs The District Collector — Land Acquisition | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 23.09.2020

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CORAM :

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The HON'BLE MR.JUSTICE M.DURAISWAMY

W.P.No.12352 of 2016

G.Munusamy

... Petitioner

Vs.
1.The District Collector,
Krishnagiri.
2.The District Revenue Officer,
Krishnagiri.
3.The Revenue Divisional Officer,Hosur,
Krishnagiri.
4.The Tahsildar,
Hosur, Krishnagiri District. ... Respondents
Petition filed under Article 226 of the Constitution of
India for issuing a writ of mandamus directing the respondents
to issue patta in favour of the petitioner in Survey No.80 in
Samanapalli Village, Hosur Taluk, Krishnagiri District.
For Petitioner : Mr.C.Samivel
For Respondents: Ms.A.Madhumathi,
Special Government Pleader
O R D E R

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The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the respondents to issue patta in favour of the petitioner in Survey No.80 in Samanapalli Village, Hosur Taluk, Krishnagiri District.

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2.It is the case of the petitioner that he has given his representation, seeking for assignment of the land in question, as early as on 31.07.2015, however, the respondents have not passed any order so far.

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3.The learned counsel appearing for the petitioner submitted that the petitioner has been issued with 'B' memo and he has been paying the necessary charges as claimed by the respondents in the 'B' memo.

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https://hcservices.ecourts.gov.in/hcservices/

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4.Ms.A.Madhumathi, learned Special Government Pleader appearing for the respondents submitted that the land in question is situated in a hilly area and therefore, the respondents cannot assign the land in favour of the petitioner. The learned Special Government Pleader also relied upon a Government Order in G.O.No.1168 (Revenue Department) dated 25.07.1989 wherein the assignment of the lands in the hilly area has been banned.

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5.When the Government had issued the said Government Order barring the authorities from assigning the lands situated in hilly areas, the claim made by the petitioner seeking for assignment of the land cannot be granted. In view of the Government Order dated 25.07.1989, the 4^th respondent could have rejected the petitioner's representation. Since the representation is pending for a long time, the 4^th respondent may pass necessary orders in the said representation, within a period of four weeks from the date of receipt of a copy of this order, taking into consideration the Government Order No.1168 dated 25.07.1989.

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6.With these observations, the Writ Petition is disposed of.
No costs.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
va
To
1.The District Collector,
Krishnagiri.
2.The District Revenue Officer,
Krishnagiri.
3.The Revenue Divisional Officer,
Krishnagiri.
4.The Tahsildar,
Hosur, Krishnagiri District.
+1 cc to The Government Pleader, Sr.No. 31303
+1 cc to M/s.mr.C.Samuvel,Advocate Sr.No. 31014

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W.P.No.12352 of 2016 AJS(CO) RMP(06/10/2020)

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https://hcservices.ecourts.gov.in/hcservices/

G.Munusamy, v. The District Collector

Case brief

What is this about?

What did the court decide?

G.Munusamy, v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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