Adhilakshmi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.08.2020
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No.10365 of 2020 & WMP.No.12603 of 2020
1. Adhilakshmi
2. Jayagandham
3. Renukadevi
4. Bhuvana Vadivel
5. Vijayakumar
6. Krishnan
7. Suguna
8. Rajeshwari
9. Palani 10.Elungundi Dharman 11.Mari 12.Puzhpa 13.Ravi 14.Sadhikbasha 15.Gomathi 16.Muthulakshmi 17.Gowri Mageshwari 18.Alamelu 19.Mageshwari 20.Thenmozhi 21.Sreelath 22.Chitra 23.Vijayalakshmi 24.Murugesan 25.Savudammal 26.Vijay 27.Perumal 28.Chinnammal 29.Venkatalakshmi 30.Chandrakumar 31.Dhanalakshmi 32.Valliammal 33.Kuppammal 34.Sathish 35.Maramma 36.Rathinam 37.Shakila
38.Amreena 39.Bhanu 40.Sundarambal 41.Madhu 42.Sudha 43.Lakshmi 44.Shanvash 45.Kavitha 46.Amina 47.Lalitha 48.Sai Noor 49.Valli 50.Santhosh 51.Manickam 52.Janaki Kamaraj 53.Samiyuallah 54.Nalini 55.Panjali 56.Palani 57.Susila 58.Usha 59.Maramma 60.Malammal 61.Priya 62.Jaithun 63.Mahalakshmi 64.Kumar 65.Muniyammal 66.Gulzar 67.Sainaa 68.Mahalakshmi 69.Lakshmi 70.Poongodi 71.Dheepa 72.Parimala 73.Jothipriya 74.Indhira 75.Hasina 76.Pattammal 77.Dhanalakshmi 78.Basmin 79.Nagarani 80.Rajammal .. Petitioners Vs 1.The District collector, Dharmapuri- 636 705.
2.The Tahsildar, Dharmapuri Taluk, Dharmapuri District.
3.The President, Panjapalli village panchayat, Palaode Taluk, Dharmapuri District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus directing the respondents herein to restore the petitioners possession over their respective lands comprised in survey No 11 situated at Periyanoor Revenue village, Panjapalli village, Palacode Taluk, Dharmapuri District and consequently direct them to issue patta to the petitioners as it was given to the similarly placed person who are residing in same land in Survey No.11 situated at Periyanoor Revenue village, Panjapalli village, Palacode Taluk, Dharmapuri District.
For Petitioners .. Mr.R.Thamaraiselvan For Respondents .. Mr.G.K.Muthukumar, Spl. G.P. for RR1 and 2
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) Mr.G.K.Muthukumar, learned Special Government Pleader takes notice for the respondents 1 and 2.
2. The petitioners made a representation on 17.03.2020 inter alia alleging that they have been wrongly dispossessed and therefore, they should be given house patta, apart from constructing the houses over the lands in question. Thereafter, the present writ petition has been filed seeking a direction to the respondents to restore the possession and issue patta.
3. The learned counsel appearing for the petitioners submitted that the petitioners have been wrongly dispossessed and there are sufficient lands available.
4. However, the learned Special Government Pleader, on instructions, submitted that there are no other lands available and the vacant lands available are to be used for another public purpose.
5. We are not inclined to go into the said issue. The question as to whether the petitioners were in possession and if so on what capacity also cannot be gone into at this stage. Inasmuch as the petitioners made a representation on 17.03.2020 to the 1st respondent, we only direct the said authority to consider the representation in accordance with law. We make it clear that the consideration would also include exploring the possibility of granting of patta either to the same place or to any other place. The 1st respondent is directed to dispose of the representation made within a period of six weeks from the date of receipt of a copy of this order.
The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The District collector, Dharmapuri- 636 705.
2.The Tahsildar, Dharmapuri Taluk, Dharmapuri District.
+1 cc to Government Pleader,sr.26726.
Rsv(co) krd 28/8 W.P.No.10365 of 2020