Madras High CourtWP/32537/2017disposed of

D.Jayalakshmi, v. The Secretary To Government,

2017-12-14Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:14.12.2017

CORAM

THE HONOURABLE MR.JUSTICE RAVICHANDRABAABU W.P.No.32537 of 2017 D.Jayalakshmi ... Petitioner vs.

1. The Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.

2. The District Collector, Thiruvallur district, Thiruvallur.

3. The Revenue Divisional Officer, Thiruvallur Revenue Division, Thiruvallur.

4. The Tahsildar, Avadi Taluk, Thiruvallur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 4 above to issue "free patta" to the petitioner, who hails from a rural area as per the orders of the Government of Tamilnadu, relating his agricultural landed properties comprised in Survey No.197/1, situated at Vellanur Village, Avadi Taluk, Tiruvallur District, measuring to an extent of 1 acre 95 cents or thereabouts with Standing orders 15-A within a time frame as may be fixed by this Court. For Petitioner : Mr.D.Nagarajan For Respondents : Mr.R.Govindasamy, Special Government Pleader

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition itself is taken up for final disposal.

2. The Petitioner seeks for a Mandamus directing the respondents 1 to 4 above to issue "free patta" to the petitioner, who hails from a rural area, as per the orders of the Government of Tamilnadu, relating his agricultural landed properties comprised in Survey No.197/1, situated at Vellanur Village, Avadi Taluk, Tiruvallur District, measuring to an extent of 1 acre 95 cents or thereabouts with Standing orders 15-A within a time frame as may be fixed by this Court.

4. The grievance of the petitioner is that the representation dated 20.05.2017 sent by him to the respondents has not been considered so far.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner as it is for the 4th respondent to consider and decide the same on merits and in accordance with law. However, considering the fact that the petitioner has made a representation dated 20.05.2017, this Court is inclined to issue a direction to the 4th respondent to consider the representation of the petitioner dated 20.05.2017 and pass orders on the same on merits and in accordance with law, after hearing the rival claimants, if any. Such exercise shall be done by the 4th respondent within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True copy// Sub Assistant Registrar vsi To

1. The Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.

2. The District Collector, Thiruvallur District, Thiruvallur.

3. The Revenue Divisional Officer, Thiruvallur Revenue Division, Thiruvallur.

4. The Tahsildar, Avadi Taluk, Thiruvallur District.

+1cc to Mr.D.Nagarajan, Advocate SR.No.89670 +1cc to the Government Pleader SR.No.89949 W.P.No.32537 of 2017 NRI(CO) GN(05/01/2018)