Madras High CourtWP/8530/2022disposed of

Mr.Bhavani, v. The District Collector,

2022-04-07Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.Nos.8530, 8533, 8535, 8548 & 8552 of 2022 1.R.Bavani ... Petitioner in W.P.No.8530 of 2022 2.V.Amudha ... Petitioner in W.P.No.8533 of 2022 3.S.Sagayaselvi ... Petitioner in W.P.No.8535 of 2022 4.B.Sarasu ... Petitioner in W.P.No.8548 of 2022 5.L.Sasikala ... Petitioner in W.P.No.8552 of 2022 Vs.

1. The District Collector, Chengalpattu District.

2. Revenue Divisional Officer, Revenue Divisional Office, Chengalpattu District.

3. The Tahsildar, Tiruporur Taluk, Chengalpattu District, Pincode - 603 110.

4. The Panchayat President, Thiruporur Panchayat Taluk, Chengalpattu District.

... Respondents in all WPs Prayer in W.P.No.8530 of 2022:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st to 3rd Respondents to consider and dispose of the Petitioner representations dated 22.11.2021, followed by the reminder representation dated 09.03.2022 and consequently direct the 3rd Respondent to issue Patta to the Petitioner in respect of the land comprised in Survey No.49/B, measuring an extent of about 0.01.0 Hectares at No.58, Viralpakkam Village, Karumpakkam Post, Thiruporur Taluk, Chengalpattu District, in the light of the 4th Respondent Panchayat Union Resolution dated 17.12.2021. Prayer in W.P.No.8533 of 2022: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of

Mandamus, directing the 1st to 3rd Respondents to consider and dispose of the Petitioner representations dated 22.11.2021, followed by the reminder representation dated 09.03.2022 and consequently direct the 3rd Respondent to issue Patta to the Petitioner in respect of the land comprised in Survey No.49/B, measuring an extent of about 0.04.0 Hectares at No.58, Viralpakkam Village, Karumpakkam Post, Thiruporur Taluk, Chengalpattu District, in the light of the 4th Respondent Panchayat Union Resolution dated 17.12.2021.

Prayer in W.P.No.8535 of 2022:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st to 3rd Respondents to consider and dispose of the Petitioner representations dated 22.11.2021, followed by the reminder representation dated 09.03.2022 and consequently direct the 3rd Respondent to issue Patta to the Petitioner in respect of the land comprised in Survey No.49/B, measuring an extent of about 0.02.0 Hectares at No.58, Viralpakkam Village, Karumpakkam Post, Thiruporur Taluk, Chengalpattu District, in the light of the 4th Respondent Panchayat Union Resolution dated 17.12.2021. Prayer in W.P.No.8552 of 2022:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st to 3rd Respondents to consider and dispose of the Petitioner representations dated 22.11.2021, followed by the reminder representation dated 09.03.2022 and consequently direct the 3rd Respondent to issue Patta to the Petitioner in respect of the land comprised in Survey No.49/B, measuring an extent of about 0.02.0 Hectares at No.58, Viralpakkam Village, Karumpakkam Post, Thiruporur Taluk, Chengalpattu District, in the light of the 4th Respondent Panchayat Union Resolution dated 17.12.2021.

For Petitioners: Dr.R.Gouri (in all WPs) For R1 to R3 : Mr.P.Satheesh (in all WPs) Additional Government Pleader For R4 : Ms.C.Sangamithrai (in all WPs) Special Government Pleader COMMON ORDER Since the issue involved and the relief sought for in all these five Writ Petitions, are identical in nature, the same are heard together and disposed of by this common order.

2. The case of the petitioners is that the petitioners is in the absolute possession and enjoyment of the land comprised in Survey No.49/B, measuring an extent of 0.01.0 Hectares, 0.04.0 Hectares, 0.01.0 Hectares, 0.02.0 Hectares and 0.02.0 respectively, at No.58, 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 09.03.2022, 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 Petitions have been filed by the petitioners.

3. Though very many grounds have been raised, learned counsel for the petitioners submits that it would suffice if this Court directs the respondents to consider the petitioners' representation dated 22.11.2021 and pass appropriate orders within the time frame that may be fixed by this Court.

4. The learned Additional Government Pleader appearing for the respondents 1 to 3 and the learned Special Government Pleader appearing for the 4th respondent submits that the petitioners' representation dated 22.11.2021 will be considered by first respondent within the time frame that may be fixed by this Court.

5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the petitioners' representation dated 22.11.2021 and 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.

6. Accordingly, these writ petitions are disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sp/jd To

1. The District Collector, Chengalpattu District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Chengalpattu District.

3. The Tahsildar, Tiruporur Taluk, Chengalpattu District, Pincode - 603 110.

4. The Panchayat President, Thiruporur Panchayat Taluk, Chengalpattu District.

+1cc to the Government Pleader, S.R.No.24522 W.P.Nos.8530, 8533, 8535, 8548 & 8552 of 2022 RR(CO) CT 10/05/2022