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Madras High CourtWP/14556/2016disposed of

Smt. Vasantha v. The District Collector

2016-04-20Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.14556 of 2016 Smt Vasantha ... Petitioner Vs.

1 The District Collector Kancheepuram District 2 The District Revenue Officer Kancheepuram District 3 The Revenue Divisional Officer Kancheepuram District 4 The Thasildhar Sriperumbudur Taluk, Kanchipuram District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 14.08.2015, in so far as, in the said representation the petitioner had sought for issuance of patta to the property situated at Keeranallur Village, Kaanthathur Post, Sriperumpudur Circle, Kanchipuram District, Grama Natham comprised in Survey No.2/1B5 to an extent of 3 cents.

For Petitioner : Mr.S.Baskaran For Respondents : Mr.P.Karthikeyan Government Advocate

O R D E R

By consent, the writ petition is taken up for final disposal. 2.The present writ petition has been filed seeking a Mandamus directing the respondents to consider the petitioner's representation dated 14.08.2015, in so far as, in the said representation the petitioner had sought for issuance of patta to the property situated at Keeranallur Village, Kaanthathur Post, Sriperumpudur Circle, Kanchipuram District, Grama Natham comprised in Survey No.2/1B5 to an extent of 3 cents.

3.In the petition it has been stated that the petitioner is living with her husband and children at Keeranallur Village, Kaanthathur Post, Sriperumpudur Circle, Kanchipuram District and they have put up a hut in the said property before 25 years and they are in continuous possession and enjoyment of the property and that later they have constructed a house and are also paying house tax, till date and they have been provided with basic amenities like electricity, water supply, family ration card and voter identity card.

4.It is further stated that the persons living adjacent to their lands have already been issued patta, but instead of repeated representation and communication, the petitioner has not been issued with patta. The third respondent vide communication dated 24.08.2015 addressed to the fourth respondent had directed to cause necessary enquiry and take appropriate action on the grievance of the petitioner and inform the status of such enquiry both to his office as well as to the petitioner.

5.It is further stated that the petitioner also made further representation dated 21.09.2015 to the District Collector and another letter dated 22.09.2015 to the Chief Minister and further representation dated 05.10.2015 to the District Collector. The Revenue District Officer, Kanchipuram District vide communication dated 09.10.2015 addressed to the fourth respondent has directed to cause necessary enquiry and submit the report regarding the same. But till date, the petitioner has not been issued with patta. Hence, left with no other alternative, the petitioner has come forward with this petition. 6.Heard the submissions of the learned counsel appearing for the petitioner and the learned Government Advocate. 7.

Considering the submissions made on either side, this Court without going into the merits of the claim made by the petitioner directs the fourth respondent to consider the petitioner's representation dated 14.08.2015 and pass appropriate orders, on merits and in accordance with law, after affording opportunity of personal hearing to the petitioner as well as to all other necessary parties, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the claim made by the petitioner. The writ petition is disposed of accordingly. No costs.

pri Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar

To 1 The District Collector Kancheepuram District 2 The District Revenue Officer Kancheepuram District 3 The Revenue Divisional Officer Kancheepuram District 4 The Thasildhar Sriperumbudur Taluk, Kanchipuram District.

+ 1 cc to Mr.S.Baskaran, Advocate Sr 24141 KR/27/4/16 W.P.No.14556 of 2016