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Madras High CourtWP/38976/2015disposed of

P.Chandirakasan v. The State Of Tamilnadu

2015-12-11Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2015

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH W.P.Nos.38976 & 38977 of 2015 and M.P.Nos.1 & 1 of 2015 1.P.Chandirakasan ... Petitioner in W.P.38976/2015 2.P.Kannusamy ... Petitioner in W.P.38977/2015 Vs.

1.The State of Tamil Nadu rep. by the Secretary to Government, Department of Revenue, Fort St. George, Chennai-600 009.

2.The Additional Chief Secretary cum Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.

3.The District Collector, Cuddalore District, Cuddalore-607 001.

4.The Revenue Divisional Officer, Virudhachalam-606 001.

5.The Assistant Director, Survey and Land Records, Cuddalore-607 001.

6.The Tahsildar, Virudhachalam Taluk, Virudhachalam-606 001.

... Respondents in both W.Ps Prayer:Petitions filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents 3, 4 & 6 herein to make necessary enquiries on the basis of the petitioners representation dated 14.10.2015 submitted to the respondents in respective Agricultural land situated in Survey No.178 in Rajendirapattinam Village, Virudhachalam Taluk, Cuddalore District and to issue patta in favour of the petitioner according to the said enquiry. For Petitioner : Mr.Prof.M.Udaya Bhanu For Respondent : Mr.P.Sanjay Gandhi Nos.1 to 6 Addl. Government Pleader

O R D E R

As the issues involved in both the Writ Petitions are one and the same, they have been disposed of by way of a common order.

2.Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents 1 to 6. 3.In both the petitions, the petitioners made a representation on 14.10.2015 to the sixth respondent, seeking issuance of patta on two grounds. First ground is that they have been in enjoyment of the respective lands for a quite number of years and the second ground is that they belong to scheduled caste and eking out their livelihood using the above said lands and accordingly, as per the Government Order, they are entitled for patta.

4.Though the petitioners have sought for a larger prayer, the learned counsel for the petitioners submitted that it would be suffice for this Court to direct the sixth respondent to dispose of the pending representations of the petitioners dated 14.10.2015.

5.Considering the same and without going into the merits of the case, the sixth respondent is directed to dispose of the pending representations dated 14.10.2015 of the petitioners and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. 6.The Writ Petitions are disposed of accordingly. Consequently, connected Miscellaneous Petitions are also closed. It is also made clear that the respondents are directed to maintain the status quo as on today if the petitioners are in possession of the said property now. No costs.

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

To 1.The Secretary to Government, Department of Revenue, Fort St. George, Chennai-600 009.

2.The Additional Chief Secretary cum Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.

3.The District Collector, Cuddalore District, Cuddalore-607 001.

4.The Revenue Divisional Officer, Virudhachalam-606 001.

5.The Assistant Director, Survey and Land Records, Cuddalore-607 001.

6.The Tahsildar, Virudhachalam Taluk, Virudhachalam-606 001.

+2ccsto Mr.Udaya Banu, Advocate, S.R.No.66706 +1cc to the Government Pleader, S.R.No.66915 VGI(CO) EU(21/12/2015) W.P.Nos.38976 & 38977 of 2015 and M.P.Nos.1 & 1 of 2015