T.Sankar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.4346 of 2023 T.Sankar ....

Petitioner -Vs1.The District Collector The District Collector Office Erode District.

2.The Tahsildar The Office of the Tahsildar Perundurai, Erode District.

....

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to issue patta to the petitioners land situated at survey No. 169/3 Karumandisellipalayam village Perunthurai Taluk Erode district as per the notification of the 1st respondent in O.Mu. 9935/ 2022/ OOH1 dated 29.04.2022 by following the petitioners representation dated 30.03.2022.

For Petitioner : Mr.N.Stalin For Respondents : Mr.Yogesh Kannadasan Special Government Pleader 1 / 4

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the 2nd respondent to issue patta to the petitioners land situated at survey No. 169/3 Karumandisellipalayam village Perunthurai Taluk Erode district as per the notification of the 1st respondent in O.Mu. 9935/ 2022/ OOH1 dated 29.04.2022 by following the petitioners representation dated 30.03.2022.

2. In respect of the property situated at Survey No. 169/3, Karumandisellipalayam village, Perunthurai Taluk, Erode district, it is the claim of the petitioner that it is a Government Natham Poramboke land, wherein the petitioner's father and subsequently the petitioner has been residing. Therefore, on that ground the petitioner had been repeatedly making requests to the Revenue authorities to issue Natham patta and last such representation was made on 30.03.2022 to the first respondent, who forwarded the same to the 2nd respondent vide his proceedings dated 29.04.2022. Despite that, since no orders have been passed, the petitioner has moved the present writ petition.

3. Heard Mr.N.Stalin learned counsel for the petitioner and Mr.Yogesh Kannadasan learned Special Government Pleader for the respondents.

4. Learned Special Government Pleader, by relying on the written 2 / 4

instructions given by the 2nd respondent dated 15.02.2023 would submit that, the land in question has been classified as Natham Poramboke land therefore the representation dated 30.03.2022 would be decided on merits and in accordance with law within a time frame that may be stipulated by this Court.

5. Considering the said submission made by the learned Special Government Pleader, there shall be a direction to the 2nd respondent to consider the application / representation of the petitioner dated 30.03.2022 and pass orders thereon on merits and in accordance with law within a period of eight 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. 15.02.2023 Index : Yes/No Speaking Order / Non-speaking order KST 3 / 4

R. SURESH KUMAR, J.

KST To 1.The District Collector The District Collector Office Erode District.

2.The Tahsildar The Office of the Tahsildar Perundurai, Erode District.

W.P.No.4346 of 2023 15.02.2023 4 / 4