Madras High CourtWP/10642/2021disposed of

J.Devaraj v. The State Rep By

2021-06-28Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.10642 of 2021 J.Devaraj S/o. Jayarama Gramini ... Petitioner Vs.

1. The State Rep. by, The District Collector, Chengalpattu, Chengalpattu District.

2. The Revenue District Officer, Tiruporur Taluk, Chengalpattu, Chengalpattu District.

3. The Tahsildar, Tiruporur Taluk, ... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the Respondents to consider petitioner representation dated on 06.02.2021 for Patta name in favour of my property situated at No.48 Gramini Street, Pattipulam Village, Thiruporur Taluk, Chengalpattu District Survey No.250/1A1A total extent of 10 Acre within the time prescribed by this Hon'ble Court.

For Petitioner :

Mr.S.Sugendran For Respondents :

Mr.K.M.D.Muhilan, Government Advocate

O R D E R

(The case has been heard through video conference) The Writ Petition has been filed seeking a direction to direct the Respondents to consider petitioner's representation dated on 06.02.2021 for Patta in respect of his property situated at No.48 Gramini Street, Pattipulam Village, Thiruporur Taluk, Chengalpattu District Survey No.250/1A1A total extent of 1 Acre within the time prescribed by this Court.

2. The grievance of the petitioner is that, the petitioner's father viz., Jayarama Gramini was in possession and enjoyment of one Acre of land situated at No.48 Gramini Street, Pattipulam Village, Thiruporu Taluk, Chengalpattu District, in S.No.250/IAIA for a long number of years and he was doing cultivation and he was also paying taxes regularly. After the death of his father, the petitioner was in possession and enjoyment of the property and also made an application seeking to issue Patta on 06.02.2021 in his favour. But, so far, his application was not considered and no order has been passed on it. Hence, the present writ petition has been filed by the petitioner.

3. Earlier, notice was ordered to the respondents. Today, when the matter taken up for hearing, Mr.K.M.D.Muhilan, learned Government Advocate appearing for respondents would submit that the above said Survey number is classified as water body and no Patta can be given to the petitioner.

4. Mr. S.Sugendran, learned counsel appearing for the petitioner has disputed the same stating that the lands are classified as Gramanatham and it is not a water body.

5. I have considered rival submissions made by learned counsel appearing for petitioner and learned Government Advocate appearing for respondents and perused the records.

6. Considering the limited prayer sought in the Writ Petition, without going into the merits of the case, the 3rd respondent Tahsildar is directed to verify with the Revenue Records, whether the said land is classified as Gramanatham or water body, thereafter consider the petitioner's representation and pass suitable orders on merits in accordance with law after giving opportunity to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar ksa-2 To 1 The District Collector,

2. The Revenue District Officer, Tiruporur Taluk, Chengalpattu, Chengalpattu District.

3. The Tahsildar, Tiruporur Taluk, +1cc to Mr.S.Sugendran, Advocate SR.No.29816 +1cc to Government Pleader SR.No.26029 W.P.No.10642 of 2021 VSN II(CO) GMY(22/07/2021)