K.Bushanan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.10.2020

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and WMP No.16459 of 2020 K.Bushanan

...Petitioner

Vs.

1.

The District Collector Thiruvallur District.

Assistant settlement Officer (North) O/o.Principal Secretary and Commissioner of Land Survey and Settlement Chepauk, Chennai.

(Second respondent is impleaded as per the order of this Court dated 07.10.2020 made in WMP No.17674 of 2020)

...Respondents

This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus 1/6

directing the respondent herein to consider the petitioner's representation dated 27.06.2020 and grant patta in petitioner's favour with respect to the land comprised in Survey No. 108/11 situated at 43, Panapakkam Village, Uttukottai Taluk, Thiruvallur District which have been enjoyed and cultivated by petitioner.

For Petitioner :

Mr.V.Avinesh for APR Associates For Respondent :

Mr.S.N.Parthasarathi Government Advocate

ORDER

Mr.S.N.Parthasarathi, learned Government Advocate takes notice for the respondents.

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to consider the representation made by the petitioner on 27.06.2020 and to grant patta with respect to the subject property. 2/6

3.

The case of the petitioner is that S.No108/11 is located parallel to river - Araniyar and the petitioner is doing cultivation in the property for a long period of time. According to the petitioner, this S.No.108/11 is shown to be an 'Anadheenam' land in the revenue records, even though the property is under the cultivation for a long period of time. The petitioner, therefore, made a representation for grant of patta. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions. 4.

When the matter came up for admission on 24.09.2020, it was brought to the notice of this Court that the Settlement Officer is the appropriate authority to deal with the representation made by the petitioner. Hence, an application was filed to implead the Settlement Officer and the same was allowed by this Court and the Assistant Settlement Officer had 3/6

been made as the second respondent in this Writ Petition. The petitioner has also given a representation before the second respondent on 26.09.2020.

5.

Heard Mr.V.Avinesh, learned counsel for the petitioner and Mr.S.N.Parthasarathi, learned Government Advocate for the respondents.

6.

Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the second respondent to consider the representation made by the petitioner on 26.09.2020 and deal with the same strictly in accordance with law and pass orders within a period of six weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the second respondent along with the copy of the representation dated 26.09.2020 and all other relevant 4/6

documents and also a copy of this order.

7.

This Writ Petition is disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petition is closed.

Mra 07.10.2020 (2/2) Internet: Yes Index : Yes/No Speaking/Non speaking order Note : Upload this order on 09.10.2020 To 1.

The District Collector Thiruvallur District.

Assistant settlement Officer O/o.Principal Secretary and Commissioner of Land Survey and Settlement Chepauk, Chennai.

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N.ANAND VENKATESH. J, mra and WMP No.16459 of 2020 (2/2) 07.10.2020 6/6