S.Hemalatha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :23.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition Nos.1397, 1400, 1411, 1413 and 1414 of 2023 S.Hemalatha ... Petitioner in W.P.No.1397/2023 A.Indhira ... Petitioner in W.P.No.1400/2023 T.Settu ... Petitioner in W.P.No.1411/2023 N.Kumari ... Petitioner in W.P.No.1413/2023 N.Raja ... Petitioner in W.P.No.1414/2023 -Vs1. The District Collector, Collectorate Office, Villupuram - 605 602.

2. The District Revenue Officer, Collectorate Office, Villupuram - 605 602.

3.The Revenue Divisional Officer, Collectorate Office, Villupuram - 605 602.

4.The Tahsildar, Thiruvennainallur Taluk, Villupuram District - 607 203.

5. The Revenue Inspector, Thiruvennainallur Taluk, Villupuram District - 607 203.

... Respondents in all W.Ps.

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Common Prayer : Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus, directing the respondents to dispose of the petitioners' patta application dated 26.11.2022 seeking for patta pertaining to the property of Tharisu land, comprising in Survey Nos.2/1, 2/3 and 2/7 measuring 1.00 Acre situated at Chinnasevalai Village, Edaiyar Post, Thiruennainallu Taluk, Villupuram District within Registration District of Villupuram, SubRegistration District of Thiruvennainallur within a stipulated time may be fixed by this Court.

For Petitioners [in all W.Ps.] : Mr.J.Agni Selvaraju For Respondents [in all W.Ps.] : Mr.Yogesh Kannadasan Special Government Pleader COMMON ORDER Since the issue raised in these writ petitions of-course by the respective petitioners is one and the same, with the consent of learned counsel appearing for the petitioners as well as the learned Special Government Pleader appearing for the respondents, these writ petitions were heard together and are disposed of by this common order.

2. It is a case of the respective petitioners that, in respect of the land as they mentioned in the respective prayers, though it is categorized as Government Tharisu land, for the past 16 years they claims that they 2/6

have been in possession and enjoyment of the property and they have been doing agricultural activities, it is a vast land according to the petitioners.

3. Even now, they have been engaged in doing agricultural activities, standing crops are there in all the lands and in this context, in order to get patta, the respective petitioners had given representations to the respondent on 26.11.2022 and in order to consider the said representations and to pass orders on merits within a time frame that may be stipulated by this Court, these petitioners have approached this court by filing these writ petitions.

4. Heard Mr.J.Agni Selvaraju, learned counsel appearing for the petitioners, who having reiterated the aforesaid would seek indulgence of this Court.

5. Heard Mr.Yogesh Kannadasan, learned Special Government appearing for the respondents in all the cases, who would submit that, if at all it is categorized as Government Tharisu land, it is not a matter of 3/6

right for the petitioners to seek for patta, but anyhow the representations given by these petitioners to the respondent would be considered and decided on merits and in accordance with law by the first respondent i.e., District Collector concerned within a time frame that may be stipulated by this Court.

6. Having regard to the said submission made by the learned Special Government Pleader appearing for the respondents and having regard to the aforesaid factual matrix as projected by the petitioners' side, this Court is inclined to dispose of these writ petitions with the following order:

That there shall be a direction to the first respondent District Collector to consider the respective representations submitted by the petitioner dated 26.11.2022 and decide the same on merits and in accordance with law within a period of eight(8) weeks from the date of receipt of a copy of this order. 4/6

With this direction, these writ petitions are disposed of. No costs. 23.01.2023 Index : Yes/No Speaking order: Yes/No mp To

1. The Special Commissioner & Commissioner of Land Administration Chepauk.

2. The Settlement Officer, Thanjavur.

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R. SURESH KUMAR, J.

mp Writ Petition Nos.1397, 1400, 1411, 1413 and 1414 of 2022 23.01.2023 6/6