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Madras High CourtWP/2916/2017closed

T.V.Sumathi v. The District Collector,

2017-03-22Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.03.2017

CORAM

THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P. Nos. 2916 to 2918 of 2017

1. T.V.Sumathi

2. L.Malathi ... Petitioners in WP 2916/2017 T.V. Sumathi ... Petitioner in WP 2917/2017 L. Malathi .. Petitioner in WP 2918/2017

Versus

1. The District Collector, Thiruvannamalai.

2. The Thasildhar Cheyyar 604 407 ... Respondent in all WPs W.P.No.2916/2017 Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the second respondent to consider the petitioners representation dated 14.07.2015, seeking for issuance of a separate patta for plot No.133 in Vadaalapiranthan Guhan Nagar, in survey No.192/1 in Vadaalapiranthan Village in Cheyyar Taluk, Thiruvannamalai District.

W.P.No.2917/2017 Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the second respondent to consider the petitioners representation dated 14.07.2015, seeking for issuance of a separate patta for plot No:127 in Vadaalapiranthan Guhan Nagar, in survey No:192/1 in Vadaalapiranthan Village in Cheyyar Taluk, Thiruvannamalai District.

W.P.No.2918/2017 Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the second respondent to consider the petitioners representation dated 14.07.2015, seeking for issuance of a separate patta for plot No:128 in Vadaalapiranthan Guhan Nagar, in survey No:192/1 in Vadaalapiranthan Village in Cheyyar Taluk, Thiruvannamalai District.

For Petitioners :

Mr. P. Selvaraj in all the writ petitions For Respondents :

Mr. R.S. Selvam Government Advocate in all the writ petitions

COMMON ORDER In all the writ petitions, the petitioners seek for issuing a Mandamus directing the second respondent to consider the representations submitted by them on 14.07.2015 respectively and to issue patta in their favour in respect of the lands mentioned therein.

2.

When the writ petitions were taken up for hearing, the learned Government Advocate appearing for the respondents produced a communication bearing reference No.

Na.Ka.D1/2321/2016 dated 08.03.2017 received by him from the Tahsildar, Cheyyar, the second respondent herein. As per the said communication, it is stated that the land comprised in Survey No. 192/1 is classified as "Punjai Anadheenam" in the Village records. It was further stated that the Government has assigned free house site patta in respect of the above said lands in favour of one Anandajothi with a specific condition that he should not alienate the lands for a period of 12 years from the date of assignment, however, contrary to such condition, the said Anandajothi has alienated the lands in favour of the petitioners herein and therefore, the claim of the petitioners for grant of patta in their favour cannot be considered.

3.

In the light of the above communication of the second respondent, the relief sought for by the petitioners to consider their representation seeking patta cannot be granted by this Court. The writ petitions are therefore dismissed. No costs. However, it is open for the petitioners to challenge the order dated 08.03.2017 of the second respondent, in a manner known to law, if they are so advised. Accordingly, all the writ petitions are closed as no further orders are required to be passed by this Court. No costs.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar dpq To

1. The District Collector, Thiruvannamalai.

2. The Thasildhar Cheyyar 604 407 +3ccs to Mr.P.Selvaraj,Advocate sr.18099 to 18101 +1cc to Government Pleader sr.18315 WP No. 2916 to 2918/2017 tm(co) ss(17/4/2017)