M.Kumaresan v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2015
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Writ Petition Nos.15497 to 15502 of 2014 M.Kumaresan
...Petitioner W.P.No.15497 of 2014
M. Dhanakotti
...Petitioner W.P.No.15498 of 2014
V. Maragatham
...Petitioner W.P.No.15499 of 2014
Muniammal
...Petitioner W.P.No.15500 of 2014
Sathya
...Petitioner W.P.No.15501 of 2014
A. Selvakumar
...Petitioner W.P.No.15502 of 2014
Vs
1. The State of Tamil Nadu, Rep. By the Secretary to Government, Revenue (LDI(2)) Department, Fort St. George, Chennai - 600 009.
2. The District Collector, Vellore District, Vellore.
3. The Tahsildar, Tirupattur Taluk, Vellore District.
... Respondents in all the petition Prayer in W.P.No.15497 of 2014: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents herein to assign Patta for the house-site to an extent of 3 cents at No.1/187, No.175 in W.P.No.15498/2014, No.1/50, WP.15499/2014, No.1/168, in WP.15500/2014 No.146 WP.NO.15501/2014, NO.133 in WP.No.15502/2014 Vishamangalam, Tirupattur Taluk, Vellore District, in the light of G.O.Ms.No.34 Revenue LD1(2) Department, dated 23.01.2008.
For Petitioner in all W.P.s.: Mr. A.R.Suresh, for, Mr. V.Thirupathi For Respondents in all W.Ps.: Mr. Digvijay Pandian, AGP., C O M M O N O R D E R In all these writ petitions, the petitioners have made representations claiming house-site pattas, on the basis of the Government Order passed in G.O.Ms.No.34 Revenue LD1(2) Department, dated 23.01.2008.
https://hcservices.ecourts.gov.in/hcservices/
2. It is the case of the petitioners that the extent of lands, as stated in the affidavits filed in support of these petitions, are in their possession. They have put up thatched sheds / houses and residing therein for quite some time. Therefore, the learned counsel appearing for the petitioners, in all these writ petitions, submitted that the pending representations may be directed to be disposed by the Tahsildar / the third respondent herein.
3. The learned Additional Government Pleader appearing for the respondents submitted that the lands in which the petitioners seek patta, though for house-sites, are either situated within the forest lands or adjoining or abutting them and therefore, no pattas can be granted.
4. This Court is not willing to go into the inter-se disputes between the petitioner on the one hand and the Forest Department on the other. Suffice it is to direct the Tahsildar / the third respondent herein, to dispose of the pending representations of the petitioners, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and the officials of the Forest Department.
5. These writ petitions stand disposed of accordingly. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar srk To
1. The Secretary to Government, State of Tamil Nadu, Revenue (LDI(2)) Department, Fort St. George, Chennai - 600 009
2. The District Collector, Vellore District, Vellore
3. The Tahsildar, Tirupattur Taluk, Vellore District. + 1 cc to Mr.V. Thirupathi, Advocate Sr.56140 W.P.Nos.15497 to 15502 of 2014 (6 Nos.) UG(CO) Eu 30.10.15 https://hcservices.ecourts.gov.in/hcservices/