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Madras High CourtWP/14644/2021disposed of

Yasothamma v. The Additional Chief Secretary Cum Commissioner Of Land Administration

2021-07-16Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. No. 14644 of 2021 and WMP No.15526 of 2021

1. Yasothamma

2. Pakthavachala

3. Jayanathi

...Petitioners

Vs

1. The Additional Chief Secretary cum Commissioner of Land Administration, Ezhilagam, chepauk, Chennai - 5

2. The District Revenue Officer, The District Collector Office, Krishnagiri District.

3. The Sub Collector, The Sub Collector Office, Hosur.

4. The Tahsildar, The Sub Collector Office, Hosur.

5. The Forest Settlement Officer, The Forest Settlement Office, Krishnagiri

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 2 to 4 to consider the claim of the petitioners to issue patta in respect of land to an extent of 3 acres comprised in survey no.87 situated Sokkapuram Village, Hosur Taluk, Krishnagiri District in pursuant to the proceedings No.126/2006 dated 14.12.2006 passed by the 5th respondent by considering petitioner's representation dated 23.05.2018. For petitioners ...

Mr. S. Petchi Muthukumar For respondents ...

Mr. Yogesh Kannadasan, Government Advocate for R1 to R4

ORDER

This writ petition has been filed seeking a direction to the 3rd respondent/Sub-collector to issue patta to the petitioners.

2. According to the petitioners, they are in possession and enjoyment of the land in Survey No.87, in Sokkarpuram Village, Hosur Taluk, Krishnagiri District. Likewise more than 86 people are also in occupation of certain extents of land in the said survey number. Earlier, the land was classified as "Reserved Forest" and subsequently, 5th respondent, in and by his proceedings dated 14.12.2006, passed an order removing classification as "Reserved Forest" and enabling the petitioners to approach the revenue authorities to get patta. Pursuant to the same, the petitioners had made an application before the authorities to grant patta and the same is pending before the respondents for a long time. Hence, the present writ petition has been filed.

3. Heard the learned counsel for the petitioners and the learned Government Advocate appearing for the respondents 1 to 4.

4. Considering the facts and circumstances of the case, without going into the merits of the case, the 3rd respondent/Sub-Collector is directed to consider the petitioners' application dated 23.05.2018 and pass suitable orders, on merits and in accordance with law, after giving opportunity to the petitioner as well as the other interested parties, if any, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar mrp To

1. The Additional Chief Secretary cum Commissioner of Land Administration, Ezhilagam, chepauk, Chennai - 5

2. The District Revenue Officer, The District Collector Office, Krishnagiri District.

3. The Sub Collector, The Sub Collector Office, Hosur.

4. The Tahsildar, The Sub Collector Office, Hosur.

5. The Forest Settlement Officer, The Forest Settlement Office, Krishnagiri +1 CC to Mr. S. Petchi Muthukumar, Advocate sr 33923. W.P. No. 14644 of 2021 GJ(CO) SP(18/08/2021)