Madras High CourtWP/3795/2015disposed of

Periyakkal, v. The District Collector

2015-02-16Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.02.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM WP.No.3795 of 2015 and M.P.No.1 of 2015 Periyakkal .. Petitioner

Versus

1. The District Collector Dharmapuri District Dharmapuri.

2. The District Revenue Officer Dharmapuri District Dharmapuri.

3. The Revenue Divisional Officer Dharmapuri District Dharmapuri.

4. The Tahsildar Dharmapuri Taluk Dharmapuri District .

5. The Village Administrative Officer Periyampatti Palacode Taluk Dharmapuri District.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the first respondent or any other respondents to consider the representation of the petitioner dated 24.11.2014 within a stipulated period.

For Petitioner : Mr.C.Umashankar for M/s.Srivatsava Associates For Respondents : Mr.S.Gunasekaran Government Advocate

ORDER

Heard Mr.C.Umashankar, learned counsel appearing for the petitioner and Mr.S.Gunasekaran, learned Government Advocate appearing on behalf of the respondents.

2. The petitioner seeks for the issuance of a writ of mandamus directing the respondents to consider his representation dated 24.11.2014.

3. According to the petitioner, she is possession of the land in question for the past 20 years and has made the above referred representation to the fourth respondent to grant patta.

4. Admittedly, the land in question is a Government poramboke land and therefore, a writ of mandamus compelling the respondents to issue patta to the petitioner cannot be given.

5. Learned counsel appearing for the petitioner by relying upon G.O.Ms.No.142 of 2013 dated 23.05.2013 and also G.O.Ms.No.854 of 2005 dated 30.12.2006 in support of the petitioner's contention, would submit that the Government has taken a policy decision to grant patta in respect of the Gramanatham lands, which are being used by the general public and who are residing there for a longer period.

6. In view of the said submission, the petitioner is granted liberty to pursue her representation dated 24.11.2014 submitted to the fourth respondent who in turn, shall consider the same in accordance with law and pass appropriate orders, by taking note of the Government orders referred to above.

7. With the above direction, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vj2