V.Ramasamy v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P.No.15380 of 2014 V. Ramasamy

...Petitioner

versus

1. The State of Tamil Nadu, Rep. by the Secretary to Government, Revenue Department, Fort St. George, Chennai - 600 009.

2. The State of Tamil Nadu, Rep. by the Secretary to Government, Environment and Forest Department, Chennai - 600 009.

3. The District Collector, Vellore District, Vellore.

4. The Tahsildar, Tirupattur Taluk, Vellore District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to issue patta to the petitioner for the lands comprised in Nadukuppam Post, Pudurnadu Village, Tirupattur Taluk, Vellore District, to an extent of 3.00 acres. For Petitioner : Mr.V. Thirupathi For Respondents : Mr.V. Shanmuga Sundar Special Government Pleader

ORDER

This writ petition has been filed seeking a direction to the respondents to issue patta to the petitioner with respect to his lands comprised in Nadukuppam Post, Pudurnadu Village, Tirupattur Taluk, Vellore District.

2. According to the learned counsel for the petitioner, the petitioner was in possession and enjoyment of the lands in question, for more than 40 years. Hence, he has made a representation, dated 02.04.2014 to the respondents for issuance of patta in his favour, but the same was not considered till date. Hence, this writ petition.

3. The learned Special Government Pleader appearing for the respondents submitted that the petitioner has not filed any documents in support of his case. Further, he has stated that on submission of the required documents, the respondents would consider his claim, on merits and in accordance with law.

4. 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 petitioner to submit all necessary required documents along with copy of the representation dated 02.04.2014 to the 3rd respondent / District Collector, within a period of two weeks from the date of receipt of a copy of this order. On such submission, the 3rd respondent / District Collector shall consider the same, on merits and in accordance with law, and pass appropriate orders, after giving an opportunity of personal hearing to the petitioner, as expeditiously as possible, preferably within a period of eight weeks, thereafter.

5. The writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi2 To

1. The Secretary to Government, Revenue Department, Fort St. George, Chennai - 600 009.

2. The Secretary to Government, Environment and Forest Department, Chennai - 600 009.

3. The District Collector, Vellore District, Vellore.

4. The Tahsildar, Tirupattur Taluk, Vellore District.

+1cc to Mr.V.Thirupathi, Advocate, S.R.No.33639 W.P.No.15380 of 2014 SPD(CO) RRS(29/05/2019)