Madras High CourtWP/19918/2015disposed of

Tambaram Paguthi Makkal v. The Collector

2015-07-07Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07-07-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.19918 of 2015 Tambaram Pagudhi Makkal Nala Sangam Rep. By its Secretary G.Ravikumar having office at No.91/23, Rajaji Road West Tambaram Chennai 600 045

...Petitioner

1. The Collector Kanchipuram District

2. The Tahsildar Tambaram Kancheepuram District

3. The Executive Officer Perungalathur Panchayat Kancheepuram District

4. The Village Administrative Officer Perungalathur Village Kancheepuram

5. Chennai Metropolitan Development Authority No.8, Gandhi-Irwin Road Egmore, Chennai.

6. K.Suresh

7. R.Akila

8. V.Amulu

9. S.Mahalingam 10.Pushpa 11.K.Ramesh 12.Poogazendhi 13.Kumaresan 14.Thilakavathi

...Respondents

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 to 4 to dispose of the petitioner's representation dated 8.6.2015.

For Petitioner :

Ms.R.Jayasree For Respondents :

Mr.V.Subbiah Special Government Pleader for RR1, 2 and 4 Mr.I.Arokiasamy Government Advocate for R3 Mr.P.Tamizhmani for R5

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.A perusal of the materials placed before this Court, would disclose that the respondents 6 to 11 had already approached this Court by filing W.P.Nos.1279 to 1284 of 2015, praying for issuance of a writ of mandamus directing the respondents 1 to 4 therein to issue patta for the land admeasuring to an extent of 3 cents comprised in Survey No.407/3B bearing Plot No.14, 1st Street; Plot No.4, 1st Street; Plot No.22, 2nd Street; Plot No.1, 1st Street; Plot No.23, 2nd Street and Plot No.19, 2nd Street respectively, at Sasivaradhan Nagar Extension, Perungulathur Village, Kancheepuram District and this Court vide common order dated 21.1.2015, has disposed of all the writ petitions by directing the second respondent to consider and dispose of the individual representations submitted by the petitioners, in accordance with law, by taking note of the resolution passed by the fourth respondent-Town Panchayat dated 29.10.2010, as communicated to the respondents 1 to 3 vide communication dated 4.1.2011, and also the recommendation of the third respondent dated 12.3.2013.

3.According to the deponent of the affidavit filed in support of this writ petition, who is the Secretary of the petitioner-Sangam, the private respondents 6 to 11 as well as the respondents 12 to 14 are not entitled to get patta in respect of the above said plots, for the reason that the entire land belongs to the Government and pointing out the same, they have submitted a representation dated 8.6.2015, to the Revenue Divisional Officer, Tambaram, Chennai, with copies marked to the respondents 1 to 4, and though the said representation was acknowledged on 15.6.2015, they have not been favoured with any kind of response and hence, came forward to file this writ petition.

4.Heard the submissions of the learned Counsel appearing for the petitioner, Mr.V.Subbiah, learned Special Government Pleader, who accepted notice on behalf of the respondents 1, 2 and 4, Mr.I.Arokiasamy, learned Government Advocate, who accepted notice on behalf of third respondent and Mr.P.Tamizhmani, learned Standing

Counsel, who accepted notice for the fifth respondent. 5.This Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, permits the petitioner to submit one more representation to the respondents 2 and 3 by enclosing a copy of this order as well as it's earlier representation dated 8.6.2015, within a period of two weeks from the date of receipt of a copy of this order, and the respondents 2 and 3, on receipt of the same, are directed to consider it in accordance with law, after putting on notice, the respondents 6 to 14, and pass orders within a period of ten weeks thereafter and communicate the decision taken, to the petitioner as well as to the private respondents. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar nsv To