V.Vasantha v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.02.2022 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.29688 of 2011 and M.P.No.1 of 2011 V.Vasantha
...Petitioner
Vs.
1.The District Collector, Vellore 9.
2.The Revenue Divisional Officer, Collectorate, Vellore.
3.Tahsildar, Katpadi Town, Vellore District.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents, their subordinate officials from dispossessing the petitioner from the land measuring 0.01.0 hec. (2-1/2 cents) of land in S.No.597/2, bearing Old Door No.51, New No.161 at Chennai Salai, Katpadi Village and Town, Vellore District.
For Petitioner : Mr.M.V.Venkataseshan For Respondents : Mr.T.Chezhiyan Additional Government Pleader
O R D E R
This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus forbearing the respondents, their subordinate officials from dispossessing the respondents, their subordinate officials from dispossessing the petitioner from the land measuring 0.01.0 hec. (2-1/2 cents) of land in S.No.597/2, bearing Old Door No.51, New No.161 at Chennai Salai, Katpadi Village and Town, Vellore District.
2. The case of the petitioner is that the petitioner lives in by occupying an extent of five cents of land comprised
in S.No.597 of Katpadi Village, Katpadi Taluk and she assessed to house tax and she also made a representation for issuance of patta. While being so, she was forcibly dispossessed from her land by the respondents, by stating that the lands is a Government Poramboke Land. Aggrieved by the same, the present writ petition is filed.
3. The learned counsel appearing for the petitioner would submit that on an earlier occasion this petitioner has filed a writ petition before this Court in W.P.No.12385 of 2008, to direct the respondents to dispose the representation submitted by the petitioner for house site patta for five cents of land. This Court by its order dated 20.05.2008, directed the petitioner to sent a detailed representation within a period of two weeks and if any such representation is filed, directed the respondents to pass appropriate order on the same within a period of four weeks thereafter. Pursuant to which, the petitioner made the representation on 09.06.2008 and the same was forwarded by the Revenue Divisional Officer to the District Collector on 07.01.2009. However till date, no order was passed. In similar situation, several Government Orders were passed for regularising the occupation of the landless poor. Therefore, this Court may issue direction to the 1st respondent to pass orders on the 2nd respondent's letter dated 07.01.2009, within a reasonable time as fixed by this Court.
4. The learned Additional Government Pleader appearing for the official respondents has no objections for the said order being passed.
5. Considering the limited request made by the learned counsel appearing for the petitioner, this Court is inclined to issue a direction to the first respondent to pass orders on the letter of the 2nd respondent dated 07.01.2009, after conducting an enquiry, within a period of twelve weeks from the date of receipt of a copy of this order.
6. Hence, this Writ Petition is disposed of. No costs. Consequently, connected writ miscellaneous petition is closed. s/d- Assistant Registrar True Copy Sub-Assistant Registrar
Psa/Sk To 1.The District Collector, Vellore 9.
2.The Revenue Divisional Officer, Collectorate, Vellore.
3.Tahsildar, Katpadi Town, Vellore District.
+2 Ccs to Mr.M.V.Venkataseshan, Advocate sr 9411 +1 CC to The Government Pleader sr 9907.
W.P. No.29688 of 2011 SR(CO) SP(18/03/2022)