R.Pughalarasi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA R.Pughalarasi ... Petitioner Vs.

1. The District Collector, Kancheepuram District RMFW+GX3, Tiruvannamalai-Kanchipuram Road, Thaiyarkullam, Kanchipuram - 631 501.

2. The District Revenue Officer, Kancheepuram Kancheepuram District - 602 105.

3. The Tahsildar, Uthiramerur Taluk, Kancheepuram District.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the first respondent to consider the application of the petitioner dated 15.11.2024 for grant of patta in respect of the land in Old Survey No.300/1 and New Survey No.397/7 Edamachi Villagge, Uthiramerur Taluk, Kancheepuram District within the time frame as fixed by this Court. 1/5

For Petitioner : Mr.R.Sugumaran For Respondents : Mr.A.Selvendran, Special Government Pleader

O R D E R

The Writ Petitioner has approached this Court seeking a mandamus to the first respondent to consider his application dated 15.11.2024 for grant of patta in respect of the property being a grama natham land measuring about 7 cents comprised in Survey No.300/1, Edamachi Village, Uthiramerur Taluk, Kancheepuram District.

2. The petitioner would submit that he had constructed a small house in the above said land and has been residing with the family. He has also been given electricity connection for his house.

3. In the light of the policy of the Government to provide housing facilities to everyone by granting free house site patta to homeless persons, the petitioner has sought for grant of assignment patta in respect of the subject land. The land is a waste village site poromboke and it is well within the authority of the second respondent to transfer the same and issue patta for the said property. Therefore, the petitioner had submitted an application to the first respondent on 15.11.2024. However, the same has not been considered. Therefore, the petitioner is before this Court. 2/5

4. Heard the learned counsels on either side.

5. Admittedly, from the documents produced, it is seen that the petitioner has been in occupation of the subject property which has been described as a grama natham. Upon the said land, the petitioner has also put up construction of the dwelling unit and has also been provided with the electricity connection. Therefore, his possession of the said land appears to be undisputed. The request is to for grant of patta. The application has been made on 15.11.2024, to which there has been no further orders or correspondence from the respondents. Therefore, considering the fact that which as to the authority has procrastinated on its statutory duty, a mandamus is issued directing the respondent to consider the petitioner's application dated 15.11.2024 and pass orders within a period of four months from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition is allowed. No costs. 20.01.2025 nvi Index : Yes/No Speaking Order: Yes/No To:

1. The District Collector, Kancheepuram District RMFW+GX3, Tiruvannamalai-Kanchipuram Road, Thaiyarkullam, Kanchipuram - 631 501.

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2. The District Revenue Officer, Kancheepuram Kancheepuram District - 602 105.

3. The Tahsildar, Uthiramerur Taluk, Kancheepuram District.

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P.T. ASHA . J., nvi 20.01.2025 5/5