← Library
Madras High CourtWP/4844/2018disposed of

Jayalakshmi v. The State Of Tamil Nadu

2018-03-05Honourable Mr Justice K. Ravichandrabaabu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.Nos.4844 to 4848 of 2018 Tmt.Jayalakshmi W/o.Krishnan ... Petitioner (in WP.No.4844 of 2018) Prakash S/o.Subash ... Petitioner (in WP.No.4845 of 2018) Gunasekaran S/o.Muthugoundar ... Petitioner (in WP.No.4846 of 2018) Palanisamy S/o.Varadhan ... Petitioner (in WP.No.4847 of 2018) Ganesan S/o.Settiyagoundar ... Petitioner (in WP.No.4848 of 2018) versus 1.The State of Tamil Nadu Rep. by its Secretary to Government Revenue Department Fort St.George, Secretariat Chennai-600 009.

2.The District Collector Salem District.

3.The Revenue Divisional Officer Salem, Salem District.

4.The Tahsildar Vazhapadi Taluk Salem District.

...Respondents

(in WP.Nos.4844 to 4848 of 2018)

Writ Petition No.4844 of 2018 filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 13.03.2017 and thereby, direct the respondents to issue Patta in the name of petitioner in respect of the property situated in Survey No.341, Singipuram Village, Vazhapadi Taluk, Salem District to an extent of 3 acres.

Writ Petition No.4845 of 2018 filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 13.03.2017 and thereby, direct the respondents to issue Patta in the name of petitioner in respect of the property situated in Survey No.337, Singipuram Village, Vazhapadi Taluk, Salem District to an extent of 6 acres.

Writ Petition No.4846 of 2018 filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 13.03.2017 and thereby, direct the respondents to issue Patta in the name of petitioner in respect of the property situated in Survey No.355, Singipuram Village, Vazhapadi Taluk, Salem District to an extent of 9 acres.

Writ Petition No.4847 of 2018 filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 13.03.2017 and thereby, direct the respondents to issue Patta in the name of petitioner in respect of the property situated in Survey No.352, Singipuram Village, Vazhapadi Taluk, Salem District to an extent of 3 acres.

Writ Petition No.4848 of 2018 filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 13.03.2017 and thereby, direct the respondents to issue Patta in the name of petitioner in respect of the property situated in Survey No.341 to an extent of 3 acres, S.No.346-3 acres and S.No.347-1 acre at Singipuram Village, Vazhapadi Taluk, Salem District totally to an extent of 7 acres. For Petitioner : Mr.A.Rajesh Kanna (in WP.Nos.4844 to 4848 of 2018) For Respondents: Mr.R.Govindasamy Special Government Pleader for (in WP.Nos.4844 to 4848 of 2018)

C O M M O N O R D E R Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties, these main writ petitions are taken up for final disposal at the admission stage themselves.

2. In all these writ petitions, the prayer is one and the same, seeking for mandamus directing the respondents to consider the individual representation of the petitioners, wherein and whereby, they sought for issuance of Patta in their name in respect of the subject matter properties.

3. The claim of the petitioners is that the subject matter land in the respective writ petition, originally, belonged to one Singipuram Co-operative Society, Salem Taluk and the said Society was declared as Dormant Society. It is their further claim that they are in possession and enjoyment of the subject matter land for long number of years, by doing cultivation under the said Society. They seek the relief of assignment and grant of Patta in respect of those lands, by taking shelter under G.O.No.255 Adi Dravidar and Tribal Welfare (TDL.2) Department dated 02.11.1993.

4. Needless to say that it is for the second respondent to consider the claim of the respective petitioners and thereafter, to take a decision on merits and in accordance with law. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner. Accordingly, these writ petitions are disposed of, only by directing the second respondent to consider the claim of the petitioners and pass orders on the same, after giving due opportunity of hearing to the petitioners and other interested parties, if any. Needless to say that it is for the second respondent to consider and decide as to whether all these petitioners will be benefited under the above said G.O.No.255. Such exercise shall be done by the second respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs. -s/d- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar mk

To

1. The Secretary, Revenue Department Fort. St. george Chennai 9.

2.The District Collector Salem District.

3.The Revenue Divisional Officer Salem District.

4.The Thasildar, Vazhapadi Taluk Salem District.

+5 Ccs to Mr.A. Rajesh Kanna, Advocate sr 16637. +1 Cc to Govt. Pleader sr 17122.

W.P.Nos.4844 to 4848 of 2018 PVS(CO) SP(13/03/2018)