Mr.Marimuthu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P.No.13591 of 2014 Marimuthu ... Petitioner Vs.

1.The District Collector, Kanchipuram District, Kanchipuram.

2.The Tahsildar, Maduranthagam Taluk Office, Maduranthagam, Kanchipuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pass orders on petitioner's representation dated 05.09.2011 requesting for the issuance of Patta in respect of Meyakal Poramboke land comprised in Survey No.284 measuring 80 cents situated at Padiri Village, Perumbakkam Firka, Madurantagam Taluk, Kancheepuram District in petitioner's favour for agricultural purpose.

For Petitioner : Mr.N.Nagu Sah For Respondents : Mr.V.Shanmuga Sundar for RR1 & 2 Special Government Pleader

O R D E R

This Writ Petition has been filed seeking for a direction to the respondents to consider the representation of the petitioner, dated 05.09.2011, with regard to issuance of Patta in his favour.

2. According to the petitioner, he has requested for issuance of patta in his favour in respect of the poramoboke land measuring to an extent of 2.50acres, situated at Survey No.284, Padiri Village, Perumbakkam Firka, Madurantagam Taluk, Kancheepuram District. Subsequently, the authorities issued Notification, dated 10.12.1997, inviting no objection from the

Villagers for issuance of the Patta. Thereafter, the revenue authorities recommended the same before the 2nd respondent. That being so, out of the aforesaid acres of land, an extent of 80 cents alone was in the possession and enjoyment of the petitioner and the remaining 1.70 acres was for the purpose of village pond. Even though, enquiries have been conducted by the authorities concerned, no steps have been taken by the respondents, inspite of several personal requests made by him. Hence, he has submitted the representation dated 05.09.2011, to the first respondent, which was not considered. Hence, the petitioner is before this Court seeking for an appropriate relief.

3. Heard the learned counsel for the petitioner and perused the materials placed on record.

4. The learned Special Government Pleader appearing for respondents 1 and 2 submitted that the representation of the petitioner would be considered, based on his eligibility for assignment, within the time frame fixed by this Court.

5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 05.09.2011 and pass appropriate orders on merits and in accordance with law after affording an opportunity of personal hearing to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petition is disposed of in the above terms. No costs.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar vsi2 To 1.The District Collector, Kanchipuram District, Kanchipuram.

2.The Tahsildar, Maduranthagam Taluk Office, Maduranthagam, Kanchipuram District.

+1cc to Mr.N.Nagusah, Advocate SR.No.19264 +1cc to Government Pleader SR.No.20019 W.P.No.13591 of 2014 SSI(CO) GMY(20/05/2019)