Kabilan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

1. KABILAN S/o.Late.Natarajan, Velvimangalam Village, Kunnam Taluk, Perambalur District.

2. PUGAZHENTHI S/o.Late.Natarajan, Velvimangalam Village, Kunnam Taluk, Perambalur District.

3. TAMILSELVI D/o.Late.Natarajan, Velvimangalam Village, Kunnam Taluk, Perambalur District.

4. SIVAKALAI D/o.Late.Natarajan, Velvimangalam Village, Kunnam Taluk, Perambalur District.

5. CHINNADURAI S/o.Shanmugavel, Velvimangalam Village, Kunnam Taluk, Perambalur District.

6.K.Radhakrishnan, S/o.Late.Kandhasamy, Velvimangalam Village, Kunnam Taluk, Perambalur District.

1/6

7. K.NAGARATHINAM S/o.Late.Kandhasamy, Velvimangalam Village, Kunnam Taluk, Perambalur District.

8. PERUMAL S/o.Late.Vaithiyalingam, Velvimangalam Village, Kunnam Taluk, Perambalur District.

Petitioner(s) Vs

1. The District Collector Perambalur District, Perambalur.

2.The Special Thasildar (adw) Perambalur District, Perambalur.

3.The Tahsildhar Tahsildhar Officer, Kunnam, Perambalur District, Perambalur.

Respondent(s) Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the 2nd respondent to dispose the petitioner's representation dated 28.11.2022 and direct the respondents to re-grant or re-allot the land in question to the petitioners as the object of the land acquisition has lapsed based on the writ petition in WP.Nos.4139, 5343, 6041 and 6203 of 2001 disposed on 14.12.2009 and direct to issue patta to 1st to 4th petitioners comprised in Survey No.387/5A measuring an extent of 0.81.0 hectares 2/6

respectively, to issue patta in 5th petitioner land comprised in Survey No.387/4B, 387/4C measuring an extent of 0.36.0, 0.33.0 hectares respectively, to issue patta to 6th and 7th petitioners land comprised in Survey Nos.387/5B measuring an extent of 0.87.0 hectares respectively, to issue patta to 8th petitioner land comprised in Survey No.387/4A, 387/4D measuring an extent of 0.36.0, 0.33.0 hectares all the properties situated in Velvimangalam Village regarding respective survey numbers of the petition properties, on the file of the respondents within a time period stipulated.

For Petitioner :

Mr.C.Vidhusan For Respondents :

Mr.P.Sathish Additional Government Pleader *****

O R D E R

This writ petition has been filed for issue of a writ of mandamus directing the respondents to issue patta in the names of the petitioners with respect to the subject property.

2. The specific case of the petitioners is that the subject property was acquired under the Land Acquisition Act, 1894 by issuing a notification under Section 4(1) and subsequently, Section 6 declaration was also issued and an award was passed. The same was put to challenge in W.P.Nos.4139, 5343, 6041, 6042 and 6203 of 2001. All these writ petitions were allowed by an order dated 14.12.2009. Thereby, the 3/6

acquisition proceedings including the award was set aside.

3. Pursuant to the above order, the petitioners sought for issuance of patta in their names with respect to the subject property. Several representations made in this regard did not evoke any response. It is under these circumstances, the present writ petition came to be filed before this Court.

4. When the matter was taken up for hearing, learned Additional Government Pleader submitted that insofar as the petitioners 1 to 4 are concerned, patta was issued in the name of father Late Natarajan and that if the petitioners produce necessary Legalheirship Certificate, patta will be issued in their names with respect to the subject property. Insofar as the petitioners 5 to 8 are concerned, patta has been issued in their names in Patta Nos.3558, 3559, 3560, 3561, 3562 and 3567.

5. In the light of the above submissions, the petitioners 1 to 4 shall produce the Legalheirship Certificate before the third respondent and on receipt of the same, patta shall be issued in their names and this process shall be completed within four weeks from the date of receipt of a copy of this order. Insofar as petitioners 5 to 8 are concerned, patta has been issued in their names and copies of patta were also placed before 4/6

this Court.

This Writ Petition is disposed of in the above terms. There shall be no order as to costs.

09.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order mk To

1. The District Collector Perambalur District, Perambalur.

2.The Special Thasildar (adw) Perambalur District, Perambalur.

3.The Tahsildhar Tahsildhar Officer, Kunnam, Perambalur District, Perambalur.

N.ANAND VENKATESH, J 5/6

mk To 09.04.2025 6/6