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Madras High CourtWP/9032/2022disposed of with direction

A.Krishnamoorthy v. The Secretary

2022-04-12Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.9032 OF 2022 A.Krishnamoorthy ... Petitioner .Vs.

1. The Secretary, The State of Tamil Nadu, Revenue Department, Secretariat, Chennai.

2. The District Collector, Chengalpattu District.

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

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

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the fourth respondent to consider and dispose of the petitioner representations dated 05.01.2022 followed by the reminder representation dated 16.03.2022 and consequently direct the fourth respondent to issue Natham Patta, Chitta and Adangal to the petitioner in respect of the land comprised in Survey No.27, measuring an extent of about 0.01.0 hectares at No.131, Viralpakkam Village, Karumpakkam Post, Thiruporur Taluk, Chengalpattu District, based on the direction of the first respondent through Message dated 29.11.2021.

For Petitioner : Dr.R.Gouri For Respondents : Mr.M.Murali Government Advocate

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the fourth respondent to consider and dispose of the petitioner representations dated 05.01.2022 followed by the reminder representation dated 16.03.2022 and consequently direct the fourth respondent to issue Natham Patta, Chitta and Adangal to the petitioner in respect of the land comprised in Survey No.27, measuring an extent of about 0.01.0 hectares at No.131, Viralpakkam Village, Karumpakkam Post, Thiruporur Taluk, Chengalpattu District, based on the direction of the first respondent through Message dated 29.11.2021.

2. Mr.M.Murali, learned Government Advocate takes notice for the respondents. In view of the limited relief sought for in this petition, on the consent expressed by the Learned counsel appearing for either side, taken up for final disposal.

3. The case of the petitioner is that the petitioner was allotted the land to an extent of 0.01.0 hectares comprised in Survey No.27, situated at Viralpakkam Village, Karumpakkam Post, Thiruporur Taluk, Chengalpattu District by the Tahsildar vide H.S.No.7 of 99 dated 09.02.1999. Thereafter, the petitioner had constructed the house and resided there for the past 23 years. Thereafter, the petitioner submitted a representation to the first respondent dated 05.11.2021 to issue Natham patta, Chitta and Adangal. Thereafter, the petitioner received a message from the first respondent that the petitioner can make a representation to the fourth respondent to avail Patta, Chitta and Adangal. Therefore, the petitioner made a representation to the fourth respondent dated 05.01.2022 and also made a reminder representation to the fourth respondent dated 16.03.2022. However, till date, no order has been passed on the same. Hence, this present petition is filed.

4. The learned counsel for the petitioner submitted that this Court may issue a direction to the fourth respondent to consider the representations of the petitioner dated 05.01.2022 and 16.03.2022 and may pass appropriate orders within the stipulated time as fixed by this Court.

5. The learned Government Advocate appearing for the respondents, would submit that the representations made by the petitioner will be considered and appropriate orders will be passed on merits within the time frame to be fixed by this court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the fourth respondent to consider the representations of

the petitioner dated 05.01.2022 and 16.03.2022 and after giving an opportunity of hearing to the petitioner, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mn To 1.

The Secretary, The State of Tamil Nadu, Revenue Department, Secretariat, Chennai.

2.

The District Collector, Chengalpattu District.

3.

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

4.

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

+1cc to the Government Pleader, S.R.No.26167 W.P.NO.9032 OF 2022 RR(CO) PBS/26/04/2022