Murugaian v. The District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2021
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.16448 of 2021 Murugaian .. Petitioner Vs.
1. The District Revenue Officer, Ariyalur, Ariyalur District.
2. The Revenue Divisional Officer, Ariyalur, Ariyalur District.
3. The Tahsildar, Ariyalur Taluk, Ariyalur, Ariyalur District.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to take further action for include the petitioner's name in the joint patta in so far relates to S.No.167/3, Chettithirukonam Village, Periyathirukonam Hamlet, Ariyalur Taluk and District by disposing the written representation made by the petitioner on 17.06.2021. For Petitioner : Mr.C.Prakasam For Respondents : Mr.Yogesh Kannadasan (Govt.Advocate)
ORDER
Heard Mr.C.Prakasam, learned counsel for the petitioner and Mr.Yogesh Kannadasam, learned Government Advocate for the respondents.
2.The petitioner had purchased 0.26 cents of land in S.No.167/3 in Chettithirukonam Village, Periyathirukonam Hamlet,
Ariyalur District by a registered Sale Deed on 09.09.1987 registered as Document No.1125 of 1987. The petitioner claims that he was in possession of the said land. He had thereafter sold 24 cents, which is nearly more than 90 per cent of the land holding by him to Chettinadu Cement on 07.02.2007 and retained a small portion of two cents for the purpose of putting up construction of house for himself and for the family. 3.Naturally, there was an expectation that the petitioner's service would be recognized by the Chettinadu Cement and some sort of employment would be given to him commensurate to his abilities.
But however, though the patta was originally granted in the joint names of Chettinadu Cement and the petitioner herein, the 3rd respondent / Tashildar, appears to have removed the petitioner's name in the joint patta necessitating the petitioner herein to give a representation on 17.06.2021. There was also a direction by the 2nd respondent to the 3rd respondent to consider the representation. Since no action had been taken the petitioner had filed the present writ petition. 4.I am informed by Mr.C.Prakasam, learned counsel for the petitioner that in that particular area, Chettinadu Cement appear to have purchased substantial portion of lands from small land holders and more particularly from Periyathirukonam Hamlet.
There is a reasonable expectation from vendors like the petitioner to be accommodated in some form of employment in Chettinadu Cement. The petitioner has held out that the only purpose he seeks joint patta is that he would also be invited by Chettinadu Cement and offered some sought of employment with them. Now that his name is removed from the patta, the petitioner is under an impression that he will not be accommodated in Chettinadu Cement. It is for that purpose, he had given a representation. The learned counsel stated that by inclusion of the petitioner's name in the patta, the petitioner will not claim any right or interest over the title, but would rather hope to get some employment from Chettinadu Cement.
It is hoped that if there is such a convention prevalent in the said area of providing employment, the same would be honoured by Chettinadu Cement.
5.At any rate, a Mandamus is directed to the 3rd respondent to consider the representation of the petitioner and while considering such representation also issue notice to Chettinadu Cement and a responsible officer from the said organization may attend the enquiry and thereafter, the petitioner may put forth his representation and the 3rd respondent may consider his representation and thereafter, pass a considered order within a
period of twelve weeks from the date of receipt of a copy of this order.
6.With the above observations, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-IV) // True Copy// Sub Assistant Registrar smv To
1. The District Revenue Officer, Ariyalur, Ariyalur District.
2. The Revenue Divisional Officer, Ariyalur, Ariyalur District.
3. The Tahsildar, Ariyalur Taluk, Ariyalur, Ariyalur District.
+1cc to the Government Pleader, S.R.No.40356 W.P.No.16448 of 2021 KSM(CO) SU(02/09/2021)