Madras High CourtWP/14508/2017disposed of

K.S.Anandan v. The District Collector

2017-06-12Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.14508 of 2017 and W.M.P.No.15740 of 2017 K.S.Anandan [ Petitioner ] Vs 1 The District Collector Thiruvallur District Thiruvallur 2 The Revenue Divisional Officer Ponneri Thituvallur Dist.

3 The Thasildar Ponneri Tk Ponneri Thiruvallur Dist.

[ Respondents] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the 1st respondent to issue suitable direction to the respondents 2 & 3 to issue patta to the petitioner in respect of Survey No.130/7 an extent of 1.50 acres situated at 59 Periyakavanam Village Ponneri Tk Thiruvallur Dist by considering the representation dated 03.06.2017.

For Petitioner : Mr.T.Sellapandian For Respondents : Mr.A.N.Thambidurai, SGP

ORDER

Mr.A.N.Thambidurai, learned Special Government Pleader, takes notice for the respondents.

2. By consent, the main writ petition itself is taken up for final disposal at the admission stage itself.

3. The petitioner has filed the above writ petition to issue a writ of mandamus to direct the 1st respondent to issue suitable direction to the respondents 2 and 3 to issue patta to him in respect of Survey No.130/7 measuring an extent of 1.50 acres situated at 59, Periyakavanam Village, Ponneri Taluk, Thiruvallur District, by considering the representation dated 03.06.2017.

4. Mr.T.Sellapandian, learned counsel appearing for the petitioner submitted that the petitioner has given a representation to the 1st respondent for issuance of patta on 03.06.2017, however, the 1st respondent has not considered the same yet. Further, the learned counsel submitted that the respondents are trying to take possession of the agricultural land wherein the paddy crops are raised by the petitioner. The petitioner has also produced the photographs showing that the paddy crops are standing in the agricultural land of the petitioner.

5. Mr.A.N.Thambidurai, learned Special Government Pleader, appearing for the respondents submitted that the 3rd respondent may be directed to consider the petitioner's representation for issuance of patta in accordance with law, within a time frame.

6. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the the petitioner in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the 3rd respondent to consider the petitioner's representation dated 03.06.2017 for the issuance of patta and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after giving notice to all the interested parties. Till such time, the respondents shall not cause any hindrance to the paddy crops raised by the petitioner. With the above observation, the writ petition is disposed of. No costs. Connected miscellaneous petition is closed Sd/- Deputy Registrar (Judicial) /true copy/ Sub Asst. Registrar

To 1 The District Collector Thiruvallur District Thiruvallur 2 The Revenue Divisional Officer Ponneri Thituvallur Dist.

3 The Tahsildar Ponneri Tk Ponneri Thiruvallur Dist.

+1cc to Mr.T.Sellapandian,Advocate sr.41547 +1cc to Government Pleader sr.42135 W.P.No.14508 of 2017 ss(20/6/2017)