Smt.Thulasi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.11091 of 2022 Thulasi
...Petitioner
Vs.
1.
The District Collector, Office of Collectorate, Kallakurichi District, Kallakurichi.
2.
The Tahsildar, Sankarapuram Taluk, Sankarapuram.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 04.02.2020, which is for patta to her Dry land in Survey No.139/7 at the boundary of Vadachettiyandal Village, Sankarapuram Taluk. For Petitioner : Mr.T.S.N.Prabhakaran For Respondents : Mr.P.Sathish, AGP.
O R D E R
The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus to direct the 2nd respondent to consider the petitioner's representation dated 04.02.2020 and issue patta in her favour.
2. Learned Additional Government Pleader takes notice for the respondents. In view of the consent expressed by the learned counsel on either side, this petition is taken up for final disposal.
3. The case of the petitioner is that, she is in possession and enjoyment of the land comprised in Dry Survey No.139/7 to an extent of 0.10.0 Ares situated at the boundary of the Village Vada Chettiyandal for more than 42 years and she has been paying the necessary taxes without any default. Whileso, the Government issued orders stating that Government has decided to issue free
patta for those who are occupying the Government lands and residing in the same for more than 10 years. In order to avail such benefits, the petitioner approached the revenue officials for issuance of patta based on her possession, however, no action has been initiated. Therefore, the petitioner filed a petition before the Hon'ble Chief Minister of Tamil Nadu and the same was forwarded to the 1st respondent, however, no orders have been passed by the 1st respondent on the said petition. Aggrieved by the same, the petitioner made a representation dated 04.02.2020 before the respondents, requesting for grant of patta in her favour inrespect of the above said land. Pursuant to the said representation, the 2nd respondent directed the Revenue Inspector, Alathur to inspect the property and report the same, however, there was no progress thereafter. Aggrieved by the said inaction of the respondents, the present Writ petition is filed.
4. Though very many grounds have been raised, learned counsel for the petitioner submitted that it would suffice, if this Court issues direction to the 2nd respondent to consider the petitioner's representation dated 04.02.2020 on merits and issue patta in her favour as expeditiously as possible.
5. Learned Additional Government Pleader appearing on behalf of the respondents has no serious objection for said order being passed and he fairly conceded that the petitioner's representation dated 04.02.2020 will be considered and appropriate orders will be passed within the time frame that may 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 2nd respondent to consider the petitioner's representation dated 04.02.2020 on merits and pass appropriate orders in terms of RSO 15 of the Revenue Standing Orders, within a period of twelve weeks from the date of receipt of a copy of this order.
7. This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar skt
To 1.
The District Collector, Office of Collectorate, Kallakurichi District, Kallakurichi.
2.
The Tahsildar, Sankarapuram Taluk, Sankarapuram.
+1 cc to Mr.T.S.N.Prabhakaran, Advocate Sr.NO. 32115 +1 cc to Government Pleader Sr.NO. 32537 W.P.No.11091 of 2022 AJB(CO) A.SK(16/06/2022)