S.Ezhilarasan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :10.01.2023 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.620 of 2023 S.Ezhilarasan ... Petitioner -Vs1. The District Collector, Office of the District Collector, Thiruvallur District.
2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Ponneri, Thiruvallur District.
3. The Tahsildar, Office of the Tahsildar, Ponneri, Thiruvallur District.
... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 13.12.2022 for assigning patta to the petitioner's land measuring 1 Acre and 75 cents in S.No.379/6 and land measuring 1 Acre and 85 cents in S.No.379/7 in all admeasuring 2 Acres 16 cents situated at Alamathi Village, (Alamathi II), Ponneri Taluk, Thiruvallur District.
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For Petitioner : Mr.S.Arivazhagan For Respondents : Mr.P.Sathish Additional Government Pleader [R1 and R2]
ORDER
The prayer sought for herein is for a writ of mandamus directing the respondents to consider the petitioner's representation dated 13.12.2022 for assigning patta to the petitioner's land measuring 1 Acre and 75 cents in S.No.379/6 and land measuring 1 Acre and 85 cents in S.No.379/7 in all admeasuring 2 Acres 16 cents situated at Alamathi Village, (Alamathi II), Ponneri Taluk, Thiruvallur District.
2. The petitioner admittedly claimed to have been in occupation of the Government land, which he claimed as Natham poromboke land at S.Nos.379/6 and 379/7. In order to get patta for the said land, the petitioner had given representation on 13.12.2022 to the first respondent District Collector and in order to consider the same, the present writ petition has been filed.
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3. Heard Mr.S.Arivazhagan, learned counsel appearing for the petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents.
4. Learned Additional Government Pleader appearing for the respondents would submit that, since admittedly it is a Government land, it is not a matter of right for the petitioner to seek patta, anyhow, the petitioner has given representation on 13.12.2022, which would be considered and orders would be passed thereon by the first respondent District Collector on merits and in accordance with law within a time frame that may be stipulated by this Court.
5. Considering the said submission made by the learned counsel appearing for both sides especially the stand taken by the learned Additional Government Pleader appearing for the respondents and having regard to the aforesaid factual matrix of this case, this Court is inclined to dispose of this writ petition with the following orders: That there shall be a direction to the first respondent to consider the representation of the petitioner dated 13.12.2022 and pass necessary orders on merits and in accordance with law 3/5
within a period of eight(8) weeks from the date of receipt of a copy of this order.
With this direction, this writ petition is disposed of. No costs. 10.01.2023 Index : Yes/No Speaking order: Yes/No mp To
1. The District Collector, Office of the District Collector, Thiruvallur District.
2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Ponneri, Thiruvallur District.
3. The Tahsildar, Office of the Tahsildar, Ponneri, Thiruvallur District.
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R. SURESH KUMAR, J.
mp Writ Petition No.620 of 2023 10.01.2023 5/5