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Madras High CourtWP/19939/2016disposed of

S.Periyasamy v. The State Of Tamil Nadu

2016-06-14Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 14.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.19939/2016 1.S.Periyasamy 2.D.Ramasamy 3.M.Sivakumar 4.K.Krishnamoorthy 5.P.Rajendra Prasad 6.K.Kaliyappan 7.M.Vasanthi ..

Petitioners

Versus

1.The Secretary to Government State of Tamil Nadu Revenue Department Fort St. George, Chennai.

2.The District Collector Nilgiris District, The Nilgiris.

3.The Revenue Divisional Officer O/o.The Revenue Divisional Office, Coonoor Taluk, The Nilgiris.

4.The Tahsildar Coonoor Taluk The Nilgiris.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, to direct the respondents 2 to 4 to consider the representation dated 01.06.2015 given to the 3rd respondent with regard to issuance of patta to the petitioners for the plots including the residential house.

For Petitioners :

M/s.K.Jenitha For Respondents :

Mr.R.Govindasamy, Spl.GP

ORDER

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

The petitioners claim that they are living and residing in "Terrmiah Estate", Coonoor Taluk, The Nilgiris, for several years and in the said Estate, tea plantation is being done and they are plantation workers. The petitioners, by virtue of long possession and enjoyment, prayed for issuance of patta in the form of representation dated 01.06.2015 and though it was acknowledged by the 4th respondent as early as on 03.06.2015, no orders have been passed and hence, the petitioners are constrained to file the present writ petition.

The learned counsel for the petitioners has drawn the attention of this Court to the typed set of documents and would submit that the superstructure put up by the petitioners are also assessed to statutory levies and therefore, there cannot be any impediment on the part of the 4th respondent of issuance of patta and prays for appropriate orders.

Heard the submissions of Mr.R.Govindasamy, learned Special Government Pleader, who accepts notice on behalf of the respondents.

This Court considering the limited scope of prayer sought for by the petitioners and without going into the merits of the same, directs the 4th respondent to consider and dispose of the petitioners' representation dated 01.06.2015 on merits and in accordance with law, after putting on notice, the persons concerned 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 petitioner as well as to the persons concerned.

The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar AP To 1.The Secretary to Government State of Tamil Nadu Revenue Department Fort St. George, Chennai.

2.The District Collector Nilgiris District, The Nilgiris.

3.The Revenue Divisional Officer O/o.The Revenue Divisional Office, Coonoor Taluk, The Nilgiris.

4.The Tahsildar Coonoor Taluk The Nilgiris.

1 cc to M/s.K.Jenitha, Advocate, sr.33045 1 cc to The Government Pleader, sr.32458 W.P.No.19939/2016 ala co kra 24.06.2016