← Library
Madras High CourtWP/2476/2022disposed of

Parvathi v. The District Collector

2022-02-14Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.2476 OF 2022 Mrs.Parvathi ... Petitioner Vs.

1. The District Collector, Dharmapuri District.

2. The Revenue Divisional Officer, Dharmapuri.

3. The Tahsildar, Pennagaram Taluk, Pennagaram, Dharmapuri.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 3rd respondent to pass order in Na.Ka.No.3985/2020/A4 dated 23.12.2020 in order to get back the petitioner's patta land comprised in S.No.707/3 measuring to an extent of 0.15.0 Hectares situated in Kookukutta Maruthahlli Village based on petitioner's representation dated 10.12.2021.

For Petitioner : Mr.P.S.Kothandaram For Respondents : Mr.T.Chezhiyan Additional Government Pleader

ORDER

The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus, to direct the 3rd respondent to pass order in Na.Ka.No.3985/2020/A4 dated 23.12.2020 in order to get back the petitioner's patta land comprised in S.No.707/3 measuring to an extent of 0.15.0 Hectares situated in Kookukutta Maruthahlli Village based on petitioner's representation dated 10.12.2021.

2. The case of the petitioner is that the petitioner belongs to Adhi Dravidar Community and the aforesaid patta land was assigned to her in the year 2007 by the Tamil Nadu Government under special scheme 2006 for the welfare of the poor agricultural families. Whileso, without the consent of the petitioner, some unknown persons are constructing a temple in her land which was assigned by the Government of Tamil Nadu. Hence, the petitioner made a complaint dated 02.11.2020 before the 3rd respondent-Tahsildar to stop the construction of temple in her land. Thereafter, the 3rd respondent-Tahsildar conducted an enquiry dated 26.12.2020. However, no order has been passed. Therefore, the petitioner has made a representation dated 10.12.2021 to the 3rd respondent-Tahsildar, in order to get back her aforesaid patta land. As the said representation made by the petitioner has evoked no response, the petitioner has filed this Writ Petition.

3. The learned counsel for the petitioner submits that it would suffice if this Court issues direction to the 3rd respondent-Tahsildar to consider the petitioner's representation dated 10.12.2021 and pass orders on the same within a particular time frame fixed by this Court.

4. Mr.T.Chezhiyan, the learned Additional Government Pleader for the respondents submits that if any direction is given by this Court, the same will be complied with.

5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the 3rd respondent-Tahsildar to consider the petitioner's representation dated 10.12.2021 on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar jd/rli

To 1.

The District Collector, Dharmapuri District.

2.

The Revenue Divisional Officer, Dharmapuri.

3.

The Tahsildar, Pennagaram Taluk, Pennagaram, Dharmapuri.

+2ccs to Mr.P.S.Kothandaram, Advocate, S.R.No.9337,9994 +1cc to the Government Pleader, S.R.No.9902 W.P.No.2476 of 2022 KG(CO) PM/01/03/2022