Chitra v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.10002 of 2022 Chitra

...Petitioner

vs.

1. The District Collector, Collectorate, Salem - 636001, Salem District.

2. The Tahsildar, Gangavalli Taluk Office, Gangavalli Taluk, Salem District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to consider the petitioner representation dated 04.12.2021 and reminder representation dated 16.03.2022 and direct the respondents to issue house patta in favour of the petitioner bearing property which is situated in S.No.43/1 which is situated in Kadamur Village, Gangavalli Taluk, Salem District is classified as "Government land".

For Petitioner : Mr.A.Rajakumar For Respondents : Mr.R.P.Murugan Raja Government Advocate

ORDER

This writ petition has been filed seeking for an issuance of a writ of Mandamus to direct the respondents herein to consider the petitioner's representation dated 04.12.2021 and reminder representation dated 16.03.2022 for issuance of house patta, in respect of petitioner's property bearing S.No.43/1 situated at Kadamur Village, Gangavalli Taluk, Salem District.

2. The case of the petitioner is that she is residing in the above said property, which is classified as "Government Land" and doing agricultural work for more than 30 years . Thereafter, the petitioner constructed a house and in order to obtain a house patta in respect of her property, she made a representation and a reminder representation to the respondents https://hcservices.ecourts.gov.in/hcservices/

dated 04.12.2021 and 16.03.2022. Since the respondents have not acceded to the petitioner's representations, she has filed the present Writ Petition seeking the aforesaid relief.

3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's representation and reminder representation dated 04.12.2021 and 16.03.2022 and pass orders on merits within a particular time frame to be fixed by this Court.

4. The learned Government Advocate appearing for respondents has no objection for said order being passed.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the respondents to consider the said representation and reminder representation of the petitioner dated 04.12.2021 and 16.03.2022 and pass appropriate orders, on merits and in accordance with law after affording an opportunity of hearing to the petitioner as well as aggrieved persons if any, within a period of twelve 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 of the petitioner and it is for the respondents to decide the same at the time of disposing of the said representations purely on merits.

7. With the above observations and direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rap To

1. The District Collector, Collectorate, Salem - 636001,Salem District.

2. The Tahsildar, Gangavalli Taluk Office, Gangavalli Taluk,Salem District.

W.P.No.10002 of 2022 skm(CO) A.SK(23/05/2022) https://hcservices.ecourts.gov.in/hcservices/