B.Sagunthala, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2017

CORAM

THE HON'BLE Mr.JUSTICE M.DURAISWAMY W.P.No.32964 of 2014 1.B.Sagunthala 2.L.Sundari 3.M.Thangamani 4.N.Theepa 5.S.Vanitha 6.A.Chellappan 7.M.Palanisamy 8.M.Balaji 9.M.Silambarasan 10.C.Sathish Kumar 11.P.Balamurugan 12.R.Veerasamy 13.S.Chitra 14.M.Govindammal 15.A.Dhivya Bharathi 16.D.Palanisamy 17.S.Ganesan 18.M.Sudha 19.S.Ravi 20.K.Govindaraj 21.V.Raja 22.A.Alamelu 23.R.Venkatesh 24.G.Pappa 25.V.Narmatha 26.N.Ranjithammal 27.M.Santhi 28.Chellammal 29.S.Amutha 30.M.Sathiya ... Petitioners Vs.

1. The District Collector, Salem & District.

2. The Special Tahsildar, Adi Dravidar Welfare, Taluk Office of Omalur, Omalur Tk & Salem District.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents to issue patta to the petitioners on the acquired

land in S.No.235/1B & 235/2B Semmandapatti Village & Post, Omalur Taluk, Salem District within reasonable period. For Petitioners : Mr.P.Vijendran For Respondents : Mr.R.Rajeswaran, Special Government Pleader

O R D E R

The petitioners have filed the above Writ Petition to issue a writ of mandamus directing the respondents to issue patta to the petitioners on the acquired land in S.No.235/1B & 235/2B Semmandapatti Village & Post, Omalur Taluk, Salem District within a time frame.

2.The respondents filed their counter stating that a Writ Petition in W.P.No.3714 of 2008 in respect of the very same land is pending and an order of interim stay was granted in the said Writ Petition. Further, the 2nd respondent has stated that necessary action will be taken for issuance of patta to the beneficiaries after the disposal of the said Writ Petition.

3.However, the learned counsel appearing for the petitioners submitted that this Court has not granted any interim order in W.P.No.3714 of 2008 and therefore, the 2nd respondent can consider the petitioners' representation and pass orders in accordance with law.

4.Since the petitioners have given the representation as early as on 13.10.2014, the 2nd respondent can be directed to dispose of the same in accordance with law.

5.Having regard to the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the petitioners' representation and pass orders in accordance with law, after giving notice to all the interested parties, within a period of three months from the date of receipt of a copy of this order.

6.With these observations, the Writ Petition is disposed of. No costs.

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

To

1. The District Collector, Salem & District.

2. The Special Tahsildar, Adi Dravidar Welfare, Taluk Office of Omalur, Omalur Tk & Salem District.

+1cc to Mr.P.Vijendran, Advocate, S.R.No.52939 +1cc to the Government Pleader, S.R.No.53311 W.P.No.32964 of 2014 SKV(CO) CA(02/08/2017)