M.Indirani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.No.13361 of 2020 Mrs.M.Indirani

...Petitioner

-Vs1.The District Collector, District Collectorate Office, Tiruvannamalai District - 606 604.

2.The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai District - 606 604.

3.The Revenue Divisional Officer, Tiruvannamalai Sub-Division, Tiruvannamalai District - 606 604.

4.The Village Administrative Officer, Meppathdurai Group, Tiruvannamalai Taluk, Tiruvannamalai - 606 802.

5.The Panchayat President, Meppathurai Panchayat, Tiruvannamalai Taluk, Tiruvannamalai District.

...Respondents

1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the first respondent to pass an order on the basis of the representation dated 24.10.2016 made by the petitioner for grant of patta to the property situated at Kilathur Village, Tiruvannamalai Taluk, Tiruvannamalai District comprised in Old Survey No.93/2, New Survey No.127/1 in her name and pass such further orders. For Petitioner :

Mr.N.Kumar Rajan For Respondents :

Mr.K.Surendran, Additional Government Pleader

O R D E R

This writ petition is filed for issuance of a Writ of Mandamus, directing the first respondent to pass an order on the basis of the representation dated 24.10.2016 made by the petitioner for grant of patta to the property situated at Kilathur Village, Tiruvannamalai Taluk, Tiruvannamalai District, comprised in Old Survey No.93/2, New Survey No.127/1 in her name.

2. Learned counsel for the petitioner submitted that the petitioner has been residing at Kilathur Village, Tiruvannamalai Taluk, Tiruvannamalai 2/6

District, comprised in Old Survey No.93/2, New Survey No.127/1 for the last so many years and she constructed the house in the village Poramboke Land and obtained all necessary connections. Further to that, the petitioner has also been paying the house tax for the last so many years and she is entitled to get patta for the same as it was recommended by the Village Panchayat by passing the resolution in the Panchayat Meeting in her favour.

3. Learned counsel further submitted that unfortunately some vested interests with an evil intention to evict the petitioner had created problems as she illegally occupied the land and they sent a letter to the officials to remove the petitioner from the existing place. With the help of respondents 4 and 5, they threatened the petitioner that they will demolish the building.

4. Learned counsel further submitted that the petitioner already gave a representation to the first respondent dated 24.10.2016 and the same was acknowledged by them. But till date, no action has been taken by the respondents. Hence, the present writ petition has been filed.

5. Heard both sides and perused the materials available on record. 3/6

6. In view of the limited prayer sought for, this Court directs the second respondent / Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai District, to consider the petitioner's representation dated 24.10.2016, after giving due notice to the petitioner, opportunity of personal hearing to the petitioner, to take into consideration the documents filed by the petitioner and pass appropriate orders on merits, in accordance with law thereby following the above principles of natural justice within a period of eight weeks from the date of receipt of a copy of this order. In the result, the writ petition stands disposed of with the above observation and direction. No costs. Consequently, connected miscellaneous petition is closed.

18.07.2024 cda Index : Yes/No Speaking / Non Speaking Order 4/6

To 1.The District Collector, District Collectorate Office, Tiruvannamalai District - 606 604.

2.The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai District - 606 604.

3.The Revenue Divisional Officer, Tiruvannamalai Sub-Division, Tiruvannamalai District - 606 604.

4.The Village Administrative Officer, Meppathdurai Group, Tiruvannamalai Taluk, Tiruvannamalai - 606 802.

5.The Panchayat President, Meppathurai Panchayat, Tiruvannamalai Taluk, Tiruvannamalai District.

5/6

J.SATHYA NARAYANA PRASAD, J.

cda 18.07.2024 6/6