S.Thenmozhi v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 08.06.2016
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.18741/2016 and WMP.No.16361/2016 1.S.Thenmozhi 2.N.Murugan 3.R.Mariammal 4.C.Anbu 5.M.Devi 6.V.Shanthi 7.V.Chandrakala 8.R.Rajra Rajan 9.V.S.Gomathi 10.C.Chandraleka 11.C.Sermadurai 12.S.Shanmuga Raja 13.T.Subramanian 14.R.Krishnan 15.S.Selvarani 16.N.Lakshmi 17.N.Rajeswari 18.M.Suresh 19.R.Pandiyammal 20.R.Karnan 21.K.Jothilingam 22.S.Selvaraj 23.P.Stalin 24.V.Chakaravarthi 25.S.Selvaraj 26.T.Mariappan 27.P.Stalin 28.A.Srinivasan 29.K.Raji 30.K.Murugesan 31.G.Mani 32.K.Raji 33.P.Ramkumar 34.S.Veijayalakshmibai 35.M.Gunasundari 36.K.Mani 37.Velu 38.Pushpa
39.Velmurugan 40.Poorani 41.Selvi 42.N.Jeyalakshmi 43.P.Vadivel Rajan 44.S.Shanmugarajan 45.P.Jayasingh 46.Murali 47.Saraswathi 48.C.Loganathan 49.Raman 50.R.Akila 51.D.Chonnaram 52.R.Raji 53.S.Makesh 54.Arul 55.Jeeva 56.V.Jevanantham 57.Nithiarasan 58.A.Jeyasankar 59.J.Anne Grace 60.S.Thilagam 61.R.Antonysamy 62.R.Rajalakshmi 63.R.Murugan 64.A.Kasthuri 65.K.A.Peterson 66.Paneerselvam 67.M.Jarina ... Petitioners
Versus
1.The Secretary to the Government State of Tamil Nadu, Rural Development and Local Administration, Fort St George Chennai 600009.
2.The District Collector Kancheepuram District.
3.The Tahsildar Solinganallur Taluk Solinganallur, Kancheepuram District.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 2nd respondent to conduct an enquiry by giving notice to the petitioners, afford a reasonable opportunity of hearing, to produce documents, to substantiate their claim made in representations dated 29.02.2016 to the 2nd respondent and consequently direct the 2nd respondent to pass orders granting
assignment and patta if it is found that they are eligible as per law.
For Petitioners :
Mr.M.A.Muthalakan For Respondents :
Mr.A.Nagarajan, for R1
ORDER
By consent, the writ petition is taken up for final disposal.
The petitioners claim that the larger portion of the land in RS.No.657/3A3 situated at No.42, Pallikaranai village, Solinganallur Taluk, Kancheepuram District, is classified as "Government Poramboke land" and the petitioners claim to be in possession and enjoyment of lands to an extent of 3 cents to 10 cents each, for over 35 years and on an earlier occasion, through Associations, they moved this Court for issuance of patta by filing WP.Nos.547 to 5500/2016 and this Court, by the common order dated 25.03.2010, has directed the concerned respondent therein to consider the representations of the petitioners in the light of the Government orders, which are in force for issuing patta to the landless persons and pass necessary orders in accordance with law.
The grievance expressed by the petitioners is that in spite of the said order, their request for issuance of patta, have not been complied with and in this regard, they have also submitted a representation dated 14.04.2010 followed by reminders dated 17.10.2012, 30.09.2015 and 29.02.2016 and since no response is forthcoming, the petitioners came forward to file the present writ petition. The learned counsel for the petitioners would submit that in the light of the earlier orders passed by this Court, the official respondents are bound to positively consider the request of the petitioners for issuance of pattas and since the official respondents did not take any action, whatsoever, the petitioners are constrained to file this writ petition and prays for appropriate orders.
Per contra, Mr.R.Govindasamy, learned Special Government Pleader who accepts notice on behalf of the respondents, would submit that the land in which the petitioners require pattas, is declared as "Pallikaranai Marsh" which is also a Forest land and in respect of the lands falling under the said category, no patta can be issued and prays for further time to respond to the representation submitted by the petitioners.
This Court considered the rival submissions and also perused the materials placed before it.
Though the petitioners have prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioners either in the writ petition or in the representation, directs the respondents 2 and 3 to consider and dispose of the petitioners' final representation dated 29.02.2016 on merits and in accordance with law, and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners.
The writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Secretary to the Government State of Tamil Nadu, Rural Development and Local Administration, Fort St George Chennai 600009.
2.The District Collector Kancheepuram District.
3.The Tahsildar Solinganallur Taluk Solinganallur, Kancheepuram District.
+1cca to Mr.M.A.Muthalakan, Advocate sr.30428 +1cc to the Government Pleader sr.30907 W.P.No.18741/2016 scd[co] srg 16/06/2016