Kokilambal v. The Distriict Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No. 16531 of 2020

1. Kokilambal

2. A.Kannadasan

3. A.Elangovan ... Petitioners Vs.

1. The District Collector, Ariyalur District.

2. The Tahsildar, Udayarpalayam Taluk, At Jayankondam & Post, Ariyalur District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 2nd respondent to consider the representation dated 25.09.2020 for the grant of patta in favour of the petitioners relating to land is SF No.550/6 measuring an extent of 0.47.0 ares of Sripuranthan(South) Village, Udayarpalayam Taluk, Ariyalur District. For Petitioner : Mr.S.Kamadevan For Respondents: Mr.Arul Doss Government Advocate

O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the second respondent to consider the representation made by the petitioners on 25.09.2020 wherein the petitioners have sought for issuance of patta with respect to the subject properties.

2. The case of the petitioners is that they are the absolute owners of the subject properties. The further case of the petitioners is that the subject property was acquired under the Tamil Nadu Acquisition of Land for Harijan Welfare Scheme Act, 1978. This acquisition came to be challenged before this Court by filing W.P.No.23593 of 2007. This Court, by an order dated 31.03.2015 was pleased to quash the impugned acquisition proceedings.

3. The further case of the petitioners is that subsequent to the acquisition proceedings being quashed, the petitioners https://hcservices.ecourts.gov.in/hcservices/

have approached the respondent by giving a representation of 25.09.2020 requesting for making the necessary mutation in the revenue records and for granting the patta in favour of the petitioners. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.

4. Heard Mr.S.Kamadevan, learned counsel appearing on behalf of the petitioners and Mr.Aruldoss, learned Government Advocate appearing on behalf of the respondents.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the second respondent to consider the representation made by the petitioners on 25.09.2020 and conduct an enquiry and pass final orders strictly in accordance with law within a period of six weeks from the date of receipt of a copy of this order. The petitioners are directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.

6. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar rli To

1. The District Collector, Ariyalur District.

2. The Tahsildar, Udayarpalayam Taluk, At Jayankondam & Post, Ariyalur District.

+1cc to Mr.S.Kamadevan Advocate SR.NO.37875 W.P.No. 16531 of 2020 NRL CO SDR 16/12/2020 https://hcservices.ecourts.gov.in/hcservices/