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Madras High CourtWP/27248/2017disposed of

Attur Annanagar v. The Revenue Divisional

2017-10-24Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.27248 of 2017 Attur Annanagar Kudiyiruppor Nala Sangam No.451,Anna Nagar, Attur 636 102 Salem District Rep by its President, R.Duraisamy, S/o.Ramasamy .. Petitioner Vs.

1.The Revenue Divisional Officer, Attur, Salem District.

2. The Tahsildar, Attur, Attur Taluk, Salem District.

3. The Special Tahsildar (ADW), Attur, Attur Taluk, Salem District.

.. Respondents Prayer: Writ petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the Respondents to consider the representation submitted by the petitioner Association dated 14/12/2016 and to issue regular patta in favour of the members of the petitioner Association in respect of the house sites and building belong to the individual members respectively comprised in S.No.486/2 & 486/3!,Attur Town Attur Taluk, Salem District, developed as residential colony in the name of Anna Nagar, Therkkukadu,Attur, Salem District, within a time frame to be fixed by this Hon'ble Court.

For Petitioner : Mr.G.Sankaran For Respondents3 : Mr.A.Kumar Special Government Pleader

O R D E R

Mr.A.Kumar, learned Special Government Pleader takes notice for the respondents.

2. The petitioner seeks for a Mandamus directing the respondent to consider the representation submitted by the petitioner Association dated 14.12.2016 and issue regular patta in favour of the petitioner association in respect of the house site and building belong to the individual members respectively comprised in S.No.486/2 & 486/3 Attu Town Attur Taluk, salem District developed as residential colony in the name of Anna Nagar, Therkkukadu,Attur, Salem District,

3. Heard both sides.

4. It is seen that the members of the petitioner association numbering about 39 have made an application individually on 12.09.2016 seeking for grant of patta in respect of their respective properties. The grievance of the petitioner association is that those applications filed by the members have not been considered so far even though the Revenue Divisional Officer namely, the 1st respondent has already directed the 3rd respondent to consider those applications and pass orders on the same. A perusal of the proceedings issued by the 1st respondent dated 15.09.2016 clearly indicates that all those 39 persons have made their application on 12.09.2016 for grant of patta.

Therefore, it is for the 2nd and 3rd respondents to consider those applications and pass orders on the same on merits and in accordance with law after giving due opportunity of hearing to those members of the petitioner Association as well as the other interested persons, if any. Such exercise shall be done by the 2nd and 3rd respondents within a period of three months from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Vsi

To 1.The Revenue Divisional Officer, Attur, Salem District.

2. The Tahsildar, Attur, Attur Taluk, Salem District.

3. The Special Tahsildar (ADW), Attur, Attur Taluk, Salem District +1 cc to Mr.G.Sankaran Advocate sr 75132 +1 cc to the Govt Pleader sr 75711 W.P.No.27248 of 2017 gj(co) aa10/11/2017