S.Thilagar, v. The Director Of Land Records

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.8996/2015 S.Thilagar

...Petitioner

Versus

1. The Director of Land Reforms Chepauk, Chennai 600 005.

2. The District Collector Kancheepuram, Kancheepuram District.

3. The Joint Commissioner of Land Reforms, Villupuram.

4. The Tahsildar, Thirupporur, Kancheepuram District.

...Respondents

Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus to direct the 4th respondent herein to issue patta to the petitioner on the application dated 22.12.2014 with respect to the land comprised in S.No.170/4A to the extent of 0.81.5 Hectares of Dry Land situated in Thalamur village, Thirupporur Taluk, Kancheepuram District.

For Petitioner :

Mr.S.Udayakumar For RR 1 to 4 :

Mr.R.Vijayakumar, AGP

ORDER

Heard Mr.S.Udayakumar, learned counsel for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader accepting for the respondents 1 to 4 and with their consent, the writ petition is disposed of at the admission stage itself.

2.The petitioner has filed this writ petition seeking for a direction 4th respondent herein to issue patta to the petitioner on the application dated 22.12.2014 with respect to the land comprised in S.No.170/4A to the extent of 0.81.5 Hectares of Dry Land situated in Thalamur village, Thirupporur Taluk, Kancheepuram District. 3.According to the petitioner, pursuant to the order dated 17.08.2009, the land in question was assigned to the petitioner, he being the Ex-service man and the land, being the surplus land, declared under the provisions of the Tamil Nadu Land Reforms [Disposal of Surplus Lands] Rules. Thereafter, the petitioner has paid the necessary charges and a Deed of Assignment was also executed in favour of the petitioner in respect of the land comprised in S.No.170/4A measuring an extent of 0.81.

5 Hectares, which has been classified as Dry Land. The petitioner claims to be in possession of the land ever since it was assigned to him. The petitioner, now seeks for issuance of a patta and a representation in this regard has been submitted to the 2nd respondent/the District Collector, Kancheepuram on 06.01.2015 and the said representation has been sent by speed post.

4.In the light of the above, without going into the merits of the contentions raised by the petitioner, there will be a direction to the 1st respondent to consider the petitioner's representation after calling for an appropriate report from the 3rd respondent and from the 4th respondent, verifying the facts and after affording an opportunity to the petitioner and thereafter, pass a reasoned order on merits and in accordance with law as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order.

5.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar

AP To

1. The Director of Land Reforms Chepauk, Chennai 600 005.

2. The District Collector Kancheepuram, Kancheepuram District.

3. The Joint Commissioner of Land Reforms, Villupuram.

4. The Tahsildar, Thirupporur, Kancheepuram District.

1 CC to Mr.S.Udayakumar, Advocate SR.No. 17717 1 CC to the Government Pleader, SR.No. 17929 WP.No.8996/2015 ALA (CO) PSI (09.04.2015)