C.Nagaraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17..06..2021
CORAM
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition Nos.10447, 10450 and 10451 of 2021 C.Nagaraj ... Petitioner in W.P.No.10447 of 2021 A.R.Antharama Gupta ... Petitioner in W.P.No.10450 of 2021 M.Muthumaran ... Petitioner in W.P.No.10451 of 2021 -Versus1.The District Collector, Krishnagiri District.
2.The District Revenue Officer, Krishnagiri District.
3.The Tahsildar, Anchetty Taluk, Krishnagiri District.
... Respondents in all Writ Petitions Prayer in W.P.No.10447 of 2021:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to consider the representation dated 18.11.2020 made by the petitioner and pass appropriate orders to issue patta for the landed property to an extent of 0.50 cents in S.No. 179/1, Kottaiyur Village, Anchetty Taluk, Krishnagiri District, within stipulated time period.
Prayer in W.P.No.10450 of 2021:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents Nos.1 to 3 to consider the representation dated 18.11.2020 made by the petitioner and pass appropriate orders to issue patta for the landed property to an extent of 0.76 cents in S.No. 180/1 Kottaiyur Village, Anchetty Taluk, Krishnagiri District, within a stipulated time period.
Prayer in W.P.No.10451 of 2021:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents Nos.1 to 3 to consider the
representation dated 18.11.2020 made by the petitioner and pass appropriate orders to issue patta for the landed property to the extent of 0.50 cents in S.No. 179/2 Kottaiyur Village Anchetty Taluk Krishnagiri District within stipulated time period. For Petitioner(s) : Mr.T.Sundaravadanam for petitioner in all Writ Petitions For Respondent(s) : Mr.K.M.D.Muhilan, GA for respondents 1 to 3 in all Writ Petitions COMMON ORDER [These matters have been heard through video conference] These writ petitions have been filed seeking a direction to the respondents 1 to 3 to consider the representations dated 18.11.2021 made by the petitioners individually requesting for the grant of patta.
2. The brief facts leading to the filing of the writ petitions are that the petitioners in these writ petitions are the owners of the land (i) measuring an extent of 50 cents comprised in S.No.179/1 of Kottaiyur village, (ii) measuring an extent of 76 cents in S.No.180/1 of Kottaiyur village and (iii) measuring an extent of 50 cents in S.No.179/2 of Kottaiyur Village respectively. Land acquisition proceedings were initiated by the State to acquire the lands belonging to the petitioner and others for the purpose of providing free house site to the houseless poor persons in the village. The petitioner in W.P.No.10447 of 2021 and two others had challenged that acquisition proceedings by way of writ petition in W.P.No.6805 of 1986 and this court by dated 30.10.2021 set aside the land acquisition proceedings.
Thereafter, no acquisition proceedings have been initiated. Right from the date of the purchase, the petitioners have been in peaceful possession and enjoyment of their respective properties by cultivating the same. In the above said circumstances, the petitioners have made applications individually seeking patta. The grievance of the petitioners is that their requests for patta have been pending for a long time since November, 2020. Hence, these writ petitions.
3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for the respondents 1 to 3 and also perused the records carefully.
4. The learned Government Advocate would, on instructions, submit that the requests of the petitioners for issuance of patta would be considered by the 3rd respondent and suitable orders would be passed within a reasonable time.
5. Considering the limited nature of the relief sought for in the writ petitions and the submissions made by the learned Government Advocate, this court, without going into the merits of the claim, directs the 3rd respondent to consider the applications dated 18.11.2020 made by the petitioners individually for the grant of patta on merits and in accordance with law and pass suitable orders within a period of eight weeks from the date of receipt of a copy of this order. The petitioners are directed to produce all the materials available with them in support of their claim for patta before the 3rd respondent to enable him to take appropriate decision within the time frame as directed above. These writ petitions are disposed of accordingly with the above directions. No costs. s/d- Assistant Registrar True Copy Sub-Assistant Registrar kmk To 1.The District Collector, Krishnagiri District. 2.The District Revenue Officer, Krishnagiri District. 3.The Tahsildar, Anchetty Taluk, Krishnagiri District. +1 CC to The Government Pleader sr 28530.
Writ Petition Nos.10447, 10450 & 10451 of 2021 JPL(CO) SP(20/07/2021)