N.Dhanalakshmi v. The Director Of Land Reforms
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 30.03.2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.8998/2015 1.N.Dhanalakshmi 2.Swamy Viswanath 3.Nandhini
...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.169/4A to the extent of 0.40.0 hectares and S.No.170/4B to the extent of 0.40.0 Hectares of Dry Land situated in Thalamur village, Thirupporur Taluk, Kancheepuram District.
For Petitioners :
Mr.S.Udayakumar For RR 1 to 4 :
Mr.R.Vijayakumar, AGP
ORDER
Heard Mr.S.Udayakumar, learned counsel for the petitioners 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 petitioners have filed this writ petition seeking for a direction 4th respondent herein to issue patta to the petitioners on the application dated 22.12.2014 with respect to the lands comprised in S.Nos.169/4A and 170/4B, each to the extent of 0.40.0 Hectares of Dry Land situated in Thalamur village, Thirupporur Taluk, Kancheepuram District.
3.According to the petitioners, pursuant to the order dated 17.08.2009, the lands in question were assigned to Mr.S.Narayanasamy, the retired Ex-Serviceman and he expired on 19.04.2011, leaving behind the petitioners, being the wife and children of [Late] Mr.S.Narayanasamy, as his legal heirs. The lands, being the surplus lands, declared under the provisions of the Tamil Nadu Land Reforms [Disposal of Surplus Lands] Rules. Thereafter, the petitioners have paid the necessary charges and a Deed of Assignment was also executed in favour of the petitioners in respect of the lands comprised in S.No.169/4A and 170/4B, each measuring an extent of 0.40.0 Hectares, which has been classified as Dry Land. The petitioners claim to be in possession of the land ever since it was assigned to [Late] S.Narayanasamy, husband of the 1st petitioner herein.
The petitioners, 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 petitioners, there will be a direction to the 1st respondent to consider the petitioners' 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 petitioners 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 the Government Pleader, SR.No. 17929 WP.No.8998/2015 ALA (CO) PSI (09.04.2015)