Bhavani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2021
CORAM
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. Nos.11131,11140,11143, 11144, 11147, 11148, 11149, 11150 & 11151 of 2021 Bhavani ..Petitioner in W.P.No.11131/2021 Shakila ..Petitioner in W.P.No.11140/2021 Sobana ..Petitioner in W.P.No.11143/2021 Vasantha ..Petitioner in W.P.No.11144/2021 Kanjana ..Petitioner in W.P.No.11147/2021 Kannaiyan ..Petitioner in W.P.No.11148/2021 Banu ..Petitioner in W.P.No.11149/2021 Natarayan ..Petitioner in W.P.No.11150/2021 Kokila ..Petitioner in W.P.No.11151/2021 Vs 1.The District collector, District Collector Office, Thiruvallur Post & District.
2. The Tahsildar, Tiruthani Taluk Office, Tiruttani Post & Taluk, Thiruvallur - District.
...Respondents in all Wps
COMMON PRAYER IN ALL WPs:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider and pass order on the representation of the petitioner dated 07.04.2021 with request to issue free patta at Government Poramboke land of Valliyammapuram, Kathikeyapuram Panchayat, Saraswathi NagarPost, Tiruttani Taluk, Thiruvallur District under the category of landless person on par with proceeding of the District Collector, Thiruvallur dated 04.09.2020.
For petitioner ...
Mr. D.Veerasekaran For respondents ...
Mr. Annai Ezhil Government Advocate
C O M M O N O R D E R This writ petition has been filed seeking a direction to the first respondent/District Collector to consider the petitioners' representation for granting of patta.
2. According to the petitioners, the petitioners are the landless poor persons and they are residing in Government lands. Earlier, the petitioners gave a representation before the District Collector for granting of house site patta. But, the same has not been considered till date. Hence, the present writ petitions have been filed.
3. The learned counsel for the petitioners would submit that based on the applications filed by the similarly placed persons, Government has granted house site patta. However, without any reason whatsoever, patta has not been granted to the petitioners.
4. The learned Government Advocate, appearing for the respondents, on instructions, would submit that now the second respondent/Tahsildar fixed enquiry on 10.05.2021 at about 11.00 a.m., and the petitioners may be directed to appear for enquiry and submit their objection.
5. Considering the facts and circumstances of the case, the petitioners' representations are pending with the second respondent, and enquiry is fixed by the second respondent/Tahsildar, without going into the merits of the case, the second respondent is directed to consider the petitioners representation and pass suitable orders on merits and in accordance with law after giving opportunity to the petitioners, within a period of eight (8) weeks from the date of receipt of a copy of this order.
6. With the above directions, these Writ Petitions are disposed of. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mrp
To 1.The District collector, District Collector Office, Thiruvallur Post & District.
2. The Tahsildar, Tiruthani Taluk Office, Tiruttani Post & Taluk, Thiruvallur - District.
+ 1 cc to Mr.D. Veerasekaran, Advocate SR.26561 + 1 cc to Government Pleader Sr.27085, 27042 W.P. Nos.11131,11140,11143, 11144, 11147, 11148, 11149, 11150 & 11151 of 2021 PA(CO) EU 5.5.2020