Madras High CourtWP/4992/2015disposed of

Karthikeyan v. The District Collector

2015-02-26Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2015

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.4992 of 2015 & M.P.No.1 of 2015 Karthikeyan ..

Petitioner v.

1 The District Collector, Collectorate, Venkigal, T.V.Malai 2 The District Revenue Officer, Collectorate, Venkigal T.V.Malai , 3 The Revenue Divisional Officer, Cheyyar, Office of the Revenue Division at Cheyyar, 4 The Tahsildar cum Settlement Officer, Arni Taluk, Office of Taluk at Arni, 5 The Village Administrative Officer, Azhagusenai Village, Arni Taluk (West), 6 The President of Panchayat, Azhagusenai Village Panchayat Board, West Arni, Arni Taluk .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus, directing the respondents 1 to 4 to grant patta to petitioner in continuous peaceful possession and enjoyment in respect of Azhagusenai Village, S.No.413/10, measuring 1 Acre 16 cents of cultivation land.

For Petitioner : Mr.P.Ganapathy For Respondent: Mr.R.Vijayakumar, Addl. Govt. Pleader - for R1 to R5 Mr.I.Arokiyasamy - for R6

ORDER

The petitioner has filed the above writ petition to issue a writ of mandamus, directing the respondents 1 to 4 to grant patta to him, taking into account his continuous peaceful possession and enjoyment in respect of Azhagusenai Village, S.No.413/10, measuring 1 Acre 16 cents of cultivable land.

2. It is the case of the petitioner that he is in continuous possession and enjoyment of the property and that he applied for patta on 09.02.2015 stating that he has been in possession of the property for a long number of years. According to the petitioner, in spite of the representation given to the 4th respondent on 09.02.2015, the fourth respondent has not considered the representation yet.

3. Mr.R.Vijayakumar, learned Additional Government Pleader takes notice for the respondents 1 to 5 and Mr.I.Arokiyasamy, learned counsel, takes notice for the 6th respondent.

4. Learned Additional Government Pleader submitted that the 4th respondent may be directed to consider and pass orders on the representation dated 09.02.2015, given by the petitioner within a stipulated time.

5. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the 4th respondent to dispose of the representation dated 09.02.2015 filed by the petitioner on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

With this observation, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. However, there shall be no order as to costs.

Sd/- Assistant Registrar Dated:9.3.15 True Copy Sub Assistant Registrar To 1 The District Collector, Collectorate, Venkigal, T.V.Malai 2 The District Revenue Officer, Collectorate, Venkigal T.V.Malai ,

3 The Revenue Divisional Officer, Cheyyar, Office of the Revenue Division at Cheyyar, 4 The Tahsildar cum Settlement Officer, Arni Taluk, Office of Taluk at Arni, 5 The Village Administrative Officer, Azhagusenai Village, Arni Taluk (West), 6 The President of Panchayat, Azhagusenai Village Panchayat Board, West Arni, Arni Taluk +1 cc to Mr.R.Anandha Balu, Advocate,SR.10547. pa(co) krd 12/3 W.P.No.4992 of 2015 & M.P.No.1 of 2015