Kolanjiyappan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and WMP.No.19831 of 2024 1.Kolanjiyappan 2.Rajendran 3.Ravichandran ...

Petitioners vs 1.The District Collector, Ariyalur, Ariyalur District.

2.The Revenue Divisional Officer, Udayarpalayam, Ariyalur District.

3.The Tahsildar, Jayankondam, Ariyalur District.

4.The Commissioner, Jayankondam Municipality, Udayarpalayam Taluk, Ariyalur District.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to grant patta in favour of the petitioners in S.No.170/1 measuring an extent of 80 square meters (0.2 cents), East-West-5.4 Meters and North-South 15.4 1/5

meters out of 0.03.50ares, and Survey No.171/2 measuring an extent of 2.85 ares, east-west 18.8 Meters, North-South 15.4 meters altogether an extent of 0.03.50 ares, on considering the GO.MS.No.526 dated 19.10.2023 issued by the Secretary to Government, Revenue and Disaster Management Department and by considering petitioners' representation dated 18.11.2023 & 08.01.2024.

For Petitioners :

Mr.Usha Ramman For Respondents :

Mr.P.Sathish, AGP for R1 to R3.

Mr.E.Vijay Anand, AGP for R4.

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2. This Writ Petition is filed to direct the respondents to consider the representations of the petitioners dated 18.11.2023 and 08.01.2024.

3. Heard the learned counsel for the petitioners and the learned Additional Government Pleaders for the respondents and perused the materials available on record.

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4. It is the case of the petitioners that they are in occupation of the unobjectionable land in S.No.171/2. The petitioners have given a representations on 18.11.2023 and 08.01.2024 before the first respondent. In this regard, the third respondent and the second respondent have already forwarded their recommendations to the first respondent stating that the petitioners are entitled for patta. However, no orders have been passed, hence, the present petition.

5. Considering the limited nature of the relief sought for in the present Writ Petition, there shall be a direction to the first respondent to consider the representation of the petitioners dated 18.11.2023 and 08.01.2024 for issuance of patta in the unobjectionable land and pass appropriate orders on merits and in compliance with the GO's, within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 09.07.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh 3/5

To 1.The District Collector, Ariyalur, Ariyalur District.

2.The Revenue Divisional Officer, Udayarpalayam, Ariyalur District.

3.The Tahsildar, Jayankondam, Ariyalur District.

4.The Commissioner, Jayankondam Municipality, Udayarpalayam Taluk, Ariyalur District.

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N.SATHISH KUMAR , J.

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