← Library
Madras High CourtWP/19924/2015disposed of

Mrs.Viruthammal v. The Distrcit 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.19924 of 2015 and M.P.No.1 of 2015 Viruthammal .. Petitioner vs 1.The District Collector Perambalur District Perambalur 2.The District Revenue Officer Perambalur District Perambalur 3.The Revenue Divisional Officer Perambalur Perambalur District 4.The Revenue Tahsildar Veppanthattai Taluk Perambalur District 5.The Executive Officer Kasi Viswanathar and Varadharaja Perumal Temples Thondamandurai Village Veppanthattai Taluk Perambalur District .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to issue patta in favour of the petitioner in respect of house door No.1/476, Thondamandurai Village, Veppanthattai Taluk, Perambalur District.

For Petitioner : Mr.L.Rajendran For Respondent : Mr.R.A.S.Senthilvel Additional Government Pleader for RR1 to 4 Mr.M.L.Mahendran Government Advocate for R5

ORDER

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

2.The petitioner would state that the natham poramboke land bearing Old Survey No.810/1, New Survey No.312/1, admeasuring to an extent of 1 are, was assigned vide assignment order in H.S.D.568/1407, by the fourth respondent on 20.10.1997, to the petitioner and ever since such assignment, the petitioner and her family are enjoying the property without any interruption and it is also subjected to statutory levies; however, without putting the petitioner on notice, the said property has been subdivided as Survey Nos.450/7 and 450/9 and when it was brought to the knowledge of the concerned authorities, the third respondent vide proceedings dated 28.2.2006, recommended to the second respondent for cancelling the assignment given by the fourth respondent to the petitioner and nine others, and however, no orders have been passed.

According to the petitioner, she also submitted a representation dated 30.7.2012, praying for issuance of patta by virtue of the above said assignment and in the interregnum, steps have been taken to dispossess her and in this regard, she also sent a representation dated 22.1.2015, to the first respondent and since no orders have been passed, came forward to file this writ petition.

3.Heard the submissions of the learned Counsel appearing for the petitioner, Mr.R.A.S.Senthilvel, learned Additional Government Pleader, who accepted notice on behalf of the respondents 1 to 4 and Mr.M.L.Mahendran, learned Government Advocate, who accepted notice on behalf of the fifth respondent.

4.The first respondent, on receipt of the representation dated 22.1.2015, submitted by the petitioner, has instructed the SubCollector, Perambalur, to take appropriate action and inform the decision taken, to the petitioner. A copy of the said proceeding was also marked to the fourth respondent.

5.This Court, taking into consideration the above facts and circumstances and without going into the merits of the case projected by the petitioner, permits the petitioner to submit one more representation to the second respondent by enclosing a copy of her earlier representation dated 22.1.2015, within a period of two weeks from the date of receipt of a copy of this order, and the second respondent, on receipt of the same, is directed to consider and dispose it of in accordance with law, after putting on notice, the fifth respondent, within a period of six weeks thereafter and communicate the decision taken, to the petitioner as well as to the fifth respondent. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nsv

To:

1.The District Collector Perambalur District Perambalur 2.The District Revenue Officer Perambalur District Perambalur 3.The Revenue Divisional Officer Perambalur Perambalur District 4.The Revenue Tahsildar Veppanthattai Taluk Perambalur District 5.The Executive Officer Kasi Viswanathar and Varadharaja Perumal Temples Thondamandurai Village Veppanthattai Taluk Perambalur District +1cc to Mr.L. Rajendran, Advocate, S.R.No.34061 + 1 cc to Government Pleader Sr.34351 +1cc to the Special Government Pleader, S.R.No.34325 BVR(CO) EU(21/07/2015) W.P.No.19924 of 2015