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Madras High CourtWP/29200/2013disposed of

K.Meenambal v. The District Collector

2020-01-28Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2020

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.NOS.29200 TO 29205 OF 2013 AND M.P.NOS.1 TO 1 OF 2013 K.Meenambal ... Petitioner in WP.No.29200 of 2013 S.Ranimangammal ... Petitioner in WP.No.29201 of 2013 N.Rajammal ... Petitioner in WP.No.29202 of 2013 M.Kala ... Petitioner in WP.No.29203 of 2013 Selvi ... Petitioner in WP.No.29204 of 2013 K.Santhanagiri ... Petitioner in WP.No.29205 of 2013 Vs

1. The District Collector, Perambalur District, Perambalur.

2. The Revenue Divisional Officer, Perambalur, Perambalur District.

3. The Tahsildar, Vepanthattai Taluk, Perambalur, Perambalur District.

...

Respondents in all WPs COMMON PRAYER:

Writ Petition filed under Article 226 of the Constitution of India seeking for an issuance of a writ of Mandamus directing the respondents to provide patta to the petitioner allotted land viz., to an extent of 3.2. acres, 2 acres, 1.80 acres, 1.60 acres, 3 acres and 2 acres in Survey No.241, 273/3, 259, 261, 241 and 212 respectively Eraiyur Village, Perambalur District within the time frame that may be fixed by this Hon'ble Court.

For Petitioner : Mr.K.Thilageswaran in all Wps.

For Respondent : Mr.R.S.Selvam Nos.1 to 3 Government Advocate in all Wps.

COMMON ORDER These batch of writ petitions have been filed on similar ground. According to the respective petitioners, they belong to Narikuravar Community, which is now included in the Most Backward Class (MBC).

2.It is the case of the respective petitioners that a District Administration had allotted 1.5 to 4 acres of land to the families of Narikuravar Community in the year 1977. According to the respective petitioners, they are in the possession and enjoyment of the same allotted by the District Administration for the past several years. According to the respective petitioners, earlier the land was filled with bushes and thorns and it was infertile and now, due to their hard work, they have made a land into a fertile land. According to the respective petitioners, they had applied for free patta in the year 1983 itself with the third respondent, who has also forwarded his recommendation to the first respondent for issuance of patta in the name of their respective petitioners.

It is the case of the respective petitioners that in the year 2012, an attempt was made to disturb all of them. Hence, the respective petitioners have given separate representation in the year 2013 for issuance of patta. Since no favorable order has been passed, these present writ petitions have been filed. 3.Heard Mr.K.Thilageswaran, learned counsel appearing for the petitioner in all the writ petitions and Mr.R.S.Selvam, learned Government Advocate appearing for the respondents in all the writ petitions.

4.The learned counsel appearing for the petitioners drew the attention of this Court to an order dated 15.02.2018 passed by a learned single Judge of this Court in an identical matter, where in, this Court had directed the petitioner to give a fresh representation to the respondents within a period of two weeks from the date of receipt of a copy of that order along with the other relevant documents and on receipt of the same, the first respondent was directed to pass final order in accordance with law as expeditiously as possible, after providing sufficient opportunity to all the necessary parties and till then, the respondents were also directed to maintain status quo as on date.

5.Since the petitioners stand on the same footing as that of the petitioner in W.P.No.28211 of 2013 will not prejudice the rights of the respondents, this Court is inclined to grant a similar order as granted by another learned single Judge of this Court on 15.02.2018 in W.P.No.28211 of 2013. Accordingly, this Court directs the respective petitioners to give a fresh representation to the respondents within a period of two weeks from the date of receipt of a copy of this order along with the other relevant documents and on receipt of the same, the first respondent shall consider each of the representations and pass appropriate orders on merits and in accordance with law after providing an opportunity to all the necessary parties within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that till passing of the final orders as directed by this Court, the respondents are directed to maintain status quo as on date.

With the aforesaid directions, the writ petitions are disposed of No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sms To

1. The District Collector, Perambalur District, Perambalur.

2. The Revenue Divisional Officer, Perambalur, Perambalur District.

3. The Tahsildar, Vepanthattai Taluk, Perambalur, Perambalur District.

+1cc to the Government Pleader, S.R.No.6708 W.P.Nos.29200 to 29205 of 2013 and M.P.Nos.1 to 1 of 2013 LN(CO) CS/05/03/2020