S.Kannaiyan v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.21886 of 2015 & M.P.No.1 of 2015 1.S.Kannaiyan 2.S.Venkatesan 3.Narayanasamy 4.Rangamanthadi 5.Mrs.Yasothammal 6.Mrs.Adiyamma 7.D.Venkatesan 8.G.Rajendran 9.K.Jayavel 10.S.Kuppan 11.Govindaraj 12.Rani 13.L.Govindaraj 14.Mrs.Chtira 15.M.Anandan 16.Jayaraman 17.Kothandan 18.C.Kuppan 19.S.Parusuraman .. Petitioners Vs.

1.The District Collector Collector's Office Tiruvallur, Tiruvallur District 2.The Revenue Divisional Officer Tiruttani, Tiruvallur District 3.The Tahsildar Tiruttani, Tiruvallur District 4.The District Forest Officer Thiruvallur, Thiruvallur District .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to dispose of the various representations submitted by the petitioners viz., 12.09.2011, 29.06.2015, 01.07.2015 and 07.07.2015.

For Petitioner : Mr.S.Udaya Kuamr For Respondents : MrS.V.Duraisolaimalai Government Advocate

O R D E R

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

2. The petitioners claim that they are doing agricultural work. Even prior to them, their forefathers were carrying on the said operation in S.No.105, Koramangalam, Mambakkam Revenue Village. The petitioners would further state that it has been classified as "Medu Porambok" in the revenue records and they approached the respondents many times for giving pattas in their favour and the local body, namely Mambakkam Village Panchayat, also passed a resolution dated 03.07.2015 recommending for issuance of patta. The petitioner has also submitted joint representation dated 07.07.2015 followed by a legal notice on the very same day and though the representation and the legal notice were acknowledged, no orders has been passed and in the interregnum, actions are being taken to assign the land to the forest department and hence, the petitioners came forward to file this writ petition.

3. Mr.S.Udayakumar, learned counsel appearing for the petitioner would submit that since emergency steps are being taken to assign the land in favour of the fourth respondent, the petitioners are under threat of dispossession. 4.

Heard Mr.S.V.Duraisolaimalai, learned Additional Government, who accepts notice on behalf of respondents 1 to 4.

5. This Court, taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the claim, directs the respondents 1 to 3 to consider and dispose of the petitioner's representations dated 12.09.2011, 29.06.2015, 01.07.2015 and 07.07.2015 in accordance with law, after putting on notice the fourth respondent and pass orders within a period of eight weeks from the date of receipt of a copy of this order and till then, both parties shall maintain status-quo as exits today.

6. The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar gpa

To

1. The District Collector Collector's Office Tiruvallur, Tiruvallur District

2. The Revenue Divisional Officer Tiruttani, Tiruvallur District

3. The Tahsildar Tiruttani, Tiruvallur District

4. The District Forest Officer Thiruvallur, Thiruvallur District.

1 cc to Government Pleader.Sr.No.37412 1 cc to Mr. S.Udaya Kuamr, Advocate Sr.No.37139 W.P.No.21886 of 2015 & M.P.No.1 of 2015 rj(co) pmk.27.7.2015