Nurjehan, No.2/240, Ambedkar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :08.02.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.13996 OF 2014 Nurjehan Rep. by Power Agent O.A.Varadadesigan ... Petitioner Vs.
1.
The District Collector, Kanchipuram.
2.
The Tahsildar, Tambaram Taluq
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to cause to recommend to the 2nd respondent the issue/grant of patta for the landed property in petitioner's occupation under the government announced provision as the assessment of tax would evidence as well as the concessions available to widows and also in consideration of the long period of holding and enjoyment paying taxes and electricity charges in terms of their own undertaking as well as by virtue of bread winner and resultant/widowhood and utter state of poverty and having to shoulder the maintenance of three daughters and two sons along with further orders or directions as this Honorable Court may deem fit.
For Petitioner : Mr.O.A.Varadadesigan [Petitioner in person] For Respondents : Mr.G.Nanmaran Special Government Pleader
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the respondents to consider the petitioner's applications dated 05.04.2011 and 09.09.2012 and to dispose of the same.
2. The case of the petitioner is that, she is residing at No.2/240, Ambedkar Road, Nanmangalam, Chennai 600 117. The petitioner is in continuous possession and enjoyment of the above said poramboke land for the past 20 years and had constructed a house to a extent of about 1900 sq.ft. and she has been paying the tax without any default. While being so, the State Government had issued an order stating that, those who are residing in the poromboke lands for over ten years would be offered patta at free of cost. Therefore, the petitioner approached the Chief Minister's Cell vide Petition No. V/7534/13-08.01.13 and also sent a letter to the Tahsildar on 13.09.2011, however, there was no response. Thereafter, the petitioner made an application dated 05.04.2011 before the 2nd respondent and another application dated 09.09.2012 before the 1st respondent. However, till date no orders have been passed on the same. Hence, this present petition is filed seeking the aforesaid relief.
3. Though very many grounds have been raised, learned counsel for the petitioner submits that, it would suffice if this Court issues direction to the respondents to consider the petitioner's applications dated 05.04.2011 and 09.09.2012 and issue patta in favour of the petitioner as expeditiously as possible.
4. The Special Government pleader appearing on behalf of the respondents has no objection for said order being passed and he fairly conceded that the petitioner's applications dated 05.04.2011 and 09.09.2012 will be considered and appropriate orders will be passed in accordance with law within the time stipulated by this Court.
5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the respondents to consider the petitioner's applications dated 05.04.2011 and 09.09.2012 on merits and pass appropriate orders in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.
6. This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar skt
To 1.
The District Collector, Kanchipuram.
2.
The Tahsildar, Tambaram Taluq.
+1cc to the Government Pleader, S.R.No.8678 W.P.No.13996 of 2014 JPA(CO) PM/21/03/2022