Sundaram v. The Principal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P. No. 36554 of 2015

1. Sundaram,

2. S.Lakshmi,

3. S.Gopi,

4. S.Kala,

5. S.Sujatha,

6. S.Priya,

7. J.Kannammal,

8. J.Suresh,

9. J.Kalpana,

10. J.Govindaraj

...Petitioners

Vs.

1. The Principal Secretary, Commissioner of Land Administration Chepauk, Chennai - 600 005.

2. The Assistant Settlement Officer (North), O/0 Commissioner Survey and Settlement Survey House, Chennai - 600 005.

3. The Thasildar, Ponneri, Thiruvallur District.

...Respondents

PRAYER:

This petition is filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondents to consider the representation dated 07.07.2015 on the basis of Enquiry report given by the 3rd respondent vide Naka.8929/2015/M1 dated 27.06.2015 with regard to issue of Ryotwari patta for the land situated at Thatur Village of Survey No. 157 consisting of 18.90 acres in favour of the petitioners.

For Petitioner : M/s. R.Nirmala Devi, For Respondents 1 to 3 : Mr.R.A.S.Senthilvel, Addl. Government Pleader

ORDER

The petitioners made a representation on 06.01.2014 seeking grant of Ryotwari patta for the land situated at Thatur Village in Survey No. 157 to an extent of 18.90 acres, in favour of the petitioners. Thereafter, the petitioners filed a writ petition before this Court in W.P. No. 5643 of 2015 in which an order dated 03.03.2015 has been passed, wherein it has been held as follows;

''6. In the light of the above, there will be a direction to the 3rd respondent to consider the petitioners application dated 06.01.2014 for grant of ryotwari patta, and pas appropriate orders, after conducting proper enquiry and after issuing notice to the petitioners and all other persons who are likely to be aggrieved and after affording an opportunity of personal hearing to the parties. The above direction shall be complied within a period of four months form the date of receipt of the copy of this order.''

2. Thereafter, proceedings have been initiated by the respondent No. 3 culminating in a report having been filed in the above said proceedings dated 11.06.2015 and 27.06.2015. While informing the respondent No. 3, while indicating that he is not the competent authority has sent the report for appropriate action to the respondent No. 2. It was followed by another representation of the petitioners dated 07.07.2015 to the respondent No. 2. Despite the same, no further action is forthwith coming from the respondent No. 2, therefore the present writ petition has been filed before this Court.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

4. Considering the above, the writ petition stand disposed of by directing the respondent No. 2 to pass

appropriate orders in pursuant to the proceedings of the respondent No. 3 dated 11.06.2015 and report dated 27.06.2015 as well as representation dated 07.07.2015 within a period of eight weeks from the date of receipt of the copy of this order.

5. Accordingly, the writ petition is disposed of. No costs.

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

1. The Principal Secretary, Commissioner of Land Administration Chepauk, Chennai - 600 005.

2. The Assistant Settlement Officer (North), O/0 Commissioner Survey and Settlement Survey House, Chennai - 600 005.

3. The Thasildar, Ponneri, Thiruvallur District.

+2cc to Ms.R.Nirmala Devi, Advocate SR.61931 +1cc to The Government Pleader Sr.62288 W.P.No. 36554 of 2015 sv[co] srg 20/11/2015