Periyasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19.11.2019 Coram::

The Honourable Dr.Justice G.Jayachandran W.P.No.19459 of 2019 Periyasamy, S/o.Muthusamy, Aaraathi Agraharam East Street, Kamakkapalayam Post, Aathur Taluk, Salem District.

... Petitioner /versus/

1. The District Collector, Salem District.

2. The District Revenue Officer, Aathur, Salem District.

3. The Tahsildar, Aathur Salem District.

4. The Village Administrative Officer, Kamakkapalayam, Salem District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondents herein to consider the Petitioner's representation dated 22.04.2019 and issue patta in his favour at the earliest.

For Petitioner : Mr.S.Gunalan For R1 to R4 : Mr.J.Purushothaman, Government Advocate

O R D E R

O R D E R

Heard the Learned Counsel for the Petitioner and the Learned Government Advocate for the Respondents 1 to 4.

2. The petitioner herein has sought for Patta under the Indira Ninaivu Kudiyiruppu Thittam and the application is pending with the 3rd respondent/Tahsildar. Hence, sought for Mandamus to direct the respondents to consider the request of the petitioner under the said scheme.

3. In the counter filed by the 3rd respondent and on behalf of the other respondents, it is stated that the land which the petitioner seeks patta is classified as Natham Poramboke land and the representation of the petitioner has been forwarded to the Revenue Inspector, Kattukottai, to conduct full fledged enquiry and report. Once the report from the Revenue Inspector is received, enquiry will be conducted and appropriate orders will be passed.

4. The Learned Government Advocate appearing for the respondents 1 to 4 would also submits that, the enquiry in this regard is fixed on 26.11.2019, wherein, the petitioner is summoned to appear and produce documents.

5. In the light of the above submission, the Writ Petition is disposed of, directing the 3rd respondent/Tahsildar, Aathur, Salem District, to complete the enquiry and pass orders on the petitioner's representation, within a period of three weeks, from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar bsm To,

1. The District Collector, Salem District.

2. The District Revenue Officer, Aathur, Salem District.

3. The Tahsildar, Aathur Salem District.

4. The Village Administrative Officer, Kamakkapalayam, Salem District.

+1cc to Mr.S.Gunalan, Advocate SR.95968 +1cc to the Government Pleader SR.97061 W.P.No.19459 of 2019 BR(CO) CB(18/12/2019)