Madras High CourtWP/17737/2012disposed of

C.S.Rajarathinam v. State Of Tamilnadu

2021-09-21Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.17737 of 2012

1. C.S.Rajarathinam

2. G.Latha

3. V.Srinivasan

4. M.Naliyathiri

5. T.Malakondiya

6. N.Ramannamma

7. N.Subbu ramiah

8. A.I.Vijayabaskara Rao

9. C.Selvakumar

10. K.Malathi

11. J.Mohan Kumar

12. K.Rajaram

13. S.Dhanasekaran

14. S.Rama

15. K.Raji

16. K.Chinnathambi

17. J.Ravisankar

18. M.Sugumaran

19. S.Ganesh Kumar

20. Arulmanikandan

21. K.Santhiyagu ... Petitioners Vs.

1. State of Tamil Nadu, rep by its Secretary to Government, Department of Revenue, St.George Fort, Chennai - 600 009.

2. The Special Commissioner and Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3. The District Collector, Tiruvallur Collector Office, Tiruvallur, Tiruvallur District.

4. The District Revenue Officer, Ambattur Taluk, Tiruvallur, Tiruvallur District.

5. The Assistant Commissioner, Land Reforms, Villupuram, Villupuram District.

6. The Tahsildhar, Madhavaram Taluk, Tiruvallur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to consider the petitioners' representation dated 04.06.2012 and to grant Patta in respect of the land comprised in Survey Nos.1, 14, 15, 46, 85 & 190 of 40, Mathur Village, Madhavaram Taluk, Tiruvallur District by implementing the various Government Orders passed by the Revenue Department at free of cost or at any reasonable, nominal rate fixed by the respondents under any schemes of providing land to the landless poor living in the Government Land formulated by the Government of Tamilnadu.

For Petitioners: Mr.R.Chithiraputhiran For Respondents: Mr.M.R.Gokul Krishnan Government Advocate

ORDER

The Writ Petition has been filed seeking to direct the respondents to consider the petitioners' representation dated 04.06.2012 and to grant patta in respect of the land comprised in Survey Nos.1, 14, 15, 46, 85 & 190 of 40, Mathur Village, Madhavaram Taluk, Tiruvallur District by implementing the various Government Orders passed by the Revenue Department at free of cost or at any reasonable, nominal rate fixed by the respondents under any schemes of providing land to the landless poor living in the Government Land formulated by the Government of Tamilnadu.

2. The case of the petitioners is that they are landless poorer daily wage coolies and they have been cultivating in the lands comprised in Survey Nos.1, 14, 15, 46, 85 and 190 situated at Mathur Village, Madhavaram Taluk, Tiruvallur District for more than 20 years. They are claiming patta as per the various Government orders. They sent a representation to the respondents on 04.06.2012, thereby requested to issue patta in their favour.

3. The learned Government Advocate appearing for the respondents submitted that the petitioners sought for patta to an extent of 0.76 acres. Whereas, they are residing at Mettu Street, Velachery, Chennai. Therefore, their request cannot be considered.

4. It is seen from the typed set of papers that the petitioners sent representation on 04.06.2012 to the respondents. Due to paucity of several years, the said representation cannot be considered now by the respondents, since it cannot be ascertained as to whether the said representation is available with the records of the respondents or not. However, the petitioners are at liberty to file a fresh representation to the authorities concerned and on receipt of the same, the authorities concerned are directed to consider the same and pass orders on merits and in accordance with law.

5. In view of the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kv To

1. The Secretary to Government, State of Tamil Nadu, Department of Revenue, St.George Fort, Chennai - 600 009.