Mr. S.Chandirasekaran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.5644, 5647 & 5649 of 2022 1.S.Chandirasekaran ... Petitioner in W.P.No.5644 of 2022 2.C.Usha ... Petitioner in W.P.No.5647 of 2022 3.V.Mohan ... Petitioner in W.P.No.5649 of 2022 Vs.
1.The District Collector, Chengalpattu District.
2.The Revenue Divisional Officer, Revenue Divisional Office, Chengelpet District.
3.The Tahsildar, Thiruporur Taluk, Chengalpattu District-603 110.
4.The Panchayat President, Thiruporur Panchayat Union, Chengalpattu District.
... Respondents in all W.Ps.
Common Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first and third respondents to consider and dispose of the petitioner's representation dated 22.11.2021, followed by the reminder representation dated 03.03.2022 and consequently direct the third respondent to issue Patta to the petitioner in respect of the land comprised in Survey No.49/B, measuring an extent of about 0.07.0, 0.08.0, 0.04.0 Hectares respectively at No.58, Viralpakkam Village, Karumpakkam post, Thiruporur Taluk, Chengalpattu District, in the light of the fourth respondent Panchayat Union resolution dated 17.12.2021.
For petitioner : M/s.R.Gouri & S.Mahalakshmi For Respondents: Mr.V.Veluchamy Additional Government Pleader
COMMON ORDER The petitioners have filed this petition seeking direction to the first and third respondents to consider and dispose of the petitioner's representation dated 22.11.2021, followed by the reminder representation dated 03.03.2022 and consequently direct the third respondent to issue Patta to the petitioner in respect of the land comprised in Survey No.49/B, measuring an extent of about 0.07.0, 0.08.0, 0.04.0 Hectares respectively at No.58, Viralpakkam Village, Karumpakkam post, Thiruporur Taluk, Chengalpattu District, in the light of the fourth respondent Panchayat Union resolution dated 17.12.2021.
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2. Mr.V.Veluchamy, learned Additional Government Pleader takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.
3. The case of the petitioner is that the petitioner is in the absolute possession and enjoyment of the land comprised in Survey No.49/A, measuring an extent of 0.07.0 Hectares, 0.08.0 Hectares, 0.04.0 Hectares respectively, at No.3/188, Viralpakkam Village, Karumpakkam Post, Thiruporur Taluk, Chengalpattu District. Petitioners are residing there for the past three decades and they are paying all the taxes like B-Memo, Property Tax and EB charges to the competent authorities. Hence, they made a representation on 22.11.2021 before the first respondent for issuance of Patta, and on 17.12.2021 the Panchayat President had also passed a resolution stating that there is no objection for granting Patta. Thereafter, petitioners had also made a reminder representation on 03.03.2022, for issuance of Patta. However, till date no action has been taken by the respondents on the representation made by the petitioners. Hence, the present Writ Petition has been filed by the petitioners for the above relief.
4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the respondents to consider the petitioner's representation dated 22.11.2021 and pass appropriate orders within the time frame that may be fixed by this Court.
5. The learned Additional Government Pleader appearing for the respondents submits that the petitioner's representation dated 22.11.2021 will be considered by first respondent within the time frame that may be fixed by this Court.
6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case,
directs the respondents to consider the petitioner's representation dated 22.11.2021, pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity to the aggrieved persons.
7. Accordingly, these writ petitions are disposed of with the aforesaid direction. No costs.
Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar tri/nhs To 1.The District Collector, Chengalpattu District.
2.The Revenue Divisional Officer, Revenue Divisional Office, Chengelpet District.
3.The Tahsildar, Thiruporur Taluk, Chengalpattu District-603 110.
4.The Panchayat President, Thiruporur Panchayat Union, Chengalpattu District.
+1cc to the Government Pleader, S.R.No.17802 W.P.Nos.5644, 5647, 5649 of 2022 RGN(CO) SB(01/04/2022)