L.Paramasivam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2023 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.2411 of 2020 L.Paramasivam ....
Petitioner -Vs1.The District Collector Namakkal District Namakkal - 637 003.
2.The Revenue Divisional Officer Rasipuram, Rasipuram Taluk Namakkal - 637 408.
3.The Tahsildar Rasipuram, Rasipuram Taluk Namakkal District - 637 408.
4.The Village Administrative Officer Muthukalipatty Village Rasipuram Taluk Namakkal District - 637 401.
5. Velu
6. Jayaraman
7. Ramasamy @ Ramu
8. P.Kandasamy @ Kandhan (RR 5 to 8 impleaded vide order dated 27.08.2021 by VBSJ) ....
Respondents 1 / 6
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondents to take necessary action based on the orders passed in WP.NO 8653/2010 dated 25.11.2016 and also based on the Representation given by the Petitioner to the 3rd Respondent on 14.6.2017 based on the afore- mentioned directions of this Honble court with strict compliance of the contents of the order and thereby consider the issuance of Patta in the Petitioner's name within the specific time stipulated. For Petitioner : Mr.R.Krishna Prasad for M/s.Sarvabhauman Associates For Respondents : Mr.P.Sathish Additional Government Pleader-for RR 1 to 4 Notice dispensed with - RR 5 to 8
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the Respondents to take necessary action based on the orders passed in WP.NO 8653/2010 dated 25.11.2016 and also based on the Representation given by the Petitioner to the 3rd Respondent on 14.6.2017 based on the afore- mentioned directions of this Honble court with strict compliance of the contents of the order and thereby consider the issuance of Patta in the Petitioners name within the specific time stipulated.
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2. Pursuant to my order in the earlier litigation in W.P.No.8653 of 2010 dated 25.11.2016, the petitioner had given a representation dated 14.06.2017 claiming patta for the Grama Natham land with complete details as to how he is entitled to get patta for the Grama Natham land.
3. Though such a representation has been given by the petitioner in the year 2017 and despite the order has been passed already by order dated 25.11.2016, the respondents since had not taken any decision and no orders have been passed, the petitioner has filed the present writ petition.
4. During the pendency of the writ petition, some private parties, though have been impleaded, in view of the orders that is going to be passed in this writ petition, notice to the private respondents is hereby dispensed with.
5. Heard Mr.P.Sathish learned Additional Government Pleader for the official respondents, who would submit that the said representation given by the petitioner dated 14.06.2017 would be considered and decided by the respondent Tahsildar ie., the 3rd respondent within a time frame that may be stipulated by this Court.
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6. Since already a direction had been given, where a time bound direction has been given, despite that since the representation has been kept pending from 2017, this Court is inclined to dispose of this writ petition with the following order.
"That there shall be a direction to the 3rd respondent to pass orders on the representation of the petitioner dated 14.06.2017 after giving an opportunity of being heard to the petitioner as well as the private respondents, since they have already been impleaded in this writ petition, and accordingly pass necessary orders thereon on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order."
7. With the above directions, this writ petition is disposed of. No costs. 01.02.2023 Index : Yes/No Speaking Order / Non-speaking order KST 4 / 6
To 1.The District Collector Namakkal District Namakkal - 637 003.
2.The Revenue Divisional Officer Rasipuram, Rasipuram Taluk Namakkal - 637 408.
3.The Tahsildar Rasipuram, Rasipuram Taluk Namakkal District - 637 408.
4.The Village Administrative Officer Muthukalipatty Village Rasipuram Taluk Namakkal District - 637 401.
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R. SURESH KUMAR, J.
KST W.P.No. 2411 of 2020 01.02.2023 6 / 6