R.Kamalakannan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P. Nos. 19735 of 2013 & 26485 of 2019 and M.P.No. 1 of 2013 and W.M.P. Nos.25861 & 25864 of 2019 W.P.No.19735 of 2013 R. Kamalakannan .... Petitioner Vs

1. The District Collector, Thiruvannamalai District,

2. The Tahsildar, Vandavasi, Thiruvannamalai District.

3. The President, Kilputhur Village & Post, Thiruvannamalai District ... Respondents W.P.No.26485 of 2019 R. Kamalakannan .... Petitioner Vs.

1. The District Collector, Thiruvannamalai District,

2. The Tahsildar, Vandavasi, Thiruvannamalai District.

3. The Special Officer, Kilputhur Village & post,

4. Ulaganadhan

5. Rajendran

6. Balu

7. Vasantha

8. Rajalakshmi

9. Venkatesan

10. Rangan ....

Respondents PRAYER in W.P.No.19735 of 2013:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to grant patta in respect of the land situate in survey No.57 to an extent of 30 cents situated at Keelputhur Village and Post, Vandavasi Taluk, Thiruvannamalai District.

PRAYER in W.P.No.26485 of 2019:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the 3rd respondent culminated in Ref.No.order XIX Appendix No.21, Standing Order 7, Para-11 (Part) dated 28.06.2013 and quash the same and consequently forbear the respondents 1 to 10 from interfering with the peaceful possession and enjoyment of the property bearing survey No.57 to an extent of 30 cents situated at Keelputhur Village and Post, Vandavasi Taluk, Thiruvannamalai District.

W.P.No.19735 of 2013 For Petitioner: Mr.N.Sampath For R1 & R2 : Mr.A.Selvendran Government Advocate For R3 : Mr.D.Yogeswaran W.P.No.26485 of 2019 For Petitioner : Mr.N.Sampath For R1 to R3 : Mr.A.Selvendran Government Advocate For R4 to R10 : Mr.G.Sankaran

COMMON ORDER The petitioner filed W.P.No.19735 of 2013 for direction directing the respondents 1 and 2 to consider his request for issuance of patta for the land comprised in survey No.57 admeasuring to an extent of 30 cents situated at Keelputhur Village and Post, Vandavasi Taluk, Thiruvannamalai District.

2. In the said writ petition, this Court, by an order dated 19.07.2013, directed to maintain status-quo in respect of the subject property. However, the said property was allotted to the respondents 4 to 10 in W.P.No. 26485 of 2018 by an order impugned in the said writ petition. Therefore, the petitioner again filed W.P.No.26485 of 2019, thereby assigned part of the land comprised in survey No.57 admeasuring to an extent of 30 cents situated at Keelputhur Village and Post, Vandavasi Taluk, Thiruvannamalai District in favour of the seventh respondent.

3. Considering the above, the Tahsildar, Vandavasi Taluk, Thiruvannamalai District is directed to pass orders on the representation of the petitioners seeking patta, after issuance of notice to the counter parties, if any, after giving them an opportunity of hearing and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. In the mean while, all the respondents are directed to maintain status-quo with regard to the subject property till the disposal of the application filed by the petitioner seeking patta.

4. With the above direction, both the writ petitions are disposed of. Consequently, connected miscellaneous petitions are closed. No order as to costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR Lpp To

1. The District Collector, Thiruvannamalai District,

2. The Tahsildar, Vandavasi, Thiruvannamalai District.

3. The Special Officer, Kilputhur Village & post, +1cc to the Government Pleader Sr.57869 W.P. Nos. 19735 of 2013 & 26485 of and M.P.No. 1 of 2013 and W.M.P. Nos.25861 & 25864 of 2019 gpl[co] srg 14/12/2021