Asthanthira Kolla Naidu v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.11.2015
CORAM
THE HONOURABLE MR. JUSTICE M.M. SUNDRESH W.P. No. 37681 of 2015 & M.P. No. 1 of 2015 Asthanthira Kolla Naidu Kalyana Mandapam Trust @ Thottiyar Madam, rep. by its President V.K. Selvaraj, No.90, Vettaikaran Koil, Nagadevanpalayam Post, Gobichettypalayam Taluk, Tiruppur District.
..Petitioner Vs.
1.
The Principal Secretary to Govt., Commissioner of Land Admn., Ezhilagam, Chennai - 600 005.
The District Collector, Tiruppur District, Tiruppur.
The District Revenue Officer, Tiruppur District, Tiruppur.
4.
The Tahsildar, Avinashi Taluk, Tiruppur District.
..Respondents Prayer:
Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the respondents to consider the representation dated 08.05.2013 and grant patta in respect of the property measuring an extent of 6586 sq.ft or 15 cents 52 sq.ft comprised in S.No. 85/D/15 situated at Door No. 47, West Rada Street, Avinashi Village, Thiruppur District belonging to the petitioner trust.
For Petitioner ::
Mr.M. Sriram For Respondents::
Mr.V. Subbiah, Special Govt. Pleader
O R D E R
By consent, the main writ petition is taken up for final disposal at the admission stage itself. Based upon the possession for a long period, the petitioner made a representation requesting for issuance of patta, in respect of an extent of 6586sq.ft comprised in S.No. 85/D/15 situated at Door No. 47, West Rada Street, Avinashi Village, Thiruppur District to the Revenue Divisional Officer, Gobi, Erode District. Pursuant to the representation made by the petitioner dated 08.05.2013, the 1st respondent, by proceedings dated 06.06.2013, directed the 3rd respondent to look into the same and take appropriate action. By proceedings dated 14.07.2013, the 4th respondent was directed to conduct an enquiry and submit his report. Thereafter, one of the members of the petitioner trust made an application on 08.11.
2014 under the Right to Information act seeking information with regard to the action taken by the respondents on the representation dated 08.05.2013 for issuance of patta for which by reply dated 26.11.2014, it was informed that the same is pending consideration with the 4th respondent. Despite the above said communication, as no action is forthcoming, the present writ petition has been filed by the petitioner.
Considering the above, the writ petition is disposed of directing the 4th respondent to conduct an enquiry and file a report, after due inspection, to the 3rd respondent within a period of eight weeks from the date of receipt of a copy of this order. On receipt of the report, the 3rd respondent is directed to pass appropriate orders, on merits and in accordance with law, within a period of four weeks thereafter. No costs. Connected M.P. is closed.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar nv
To 1.
The Principal Secretary to Govt., Commissioner of Land Admn., Ezhilagam, Chennai - 600 005.
The District Collector, Tiruppur District, Tiruppur.
The District Revenue Officer, Tiruppur District, Tiruppur.
4.
The Tahsildar, Avinashi Taluk, Tiruppur District.
+1 cc to Mr.M.Sriram Advocate sr.64332 +1 cc to Government Pleader sr.64576 W.P. No. 37681 of 2015 aa18/12/2015