Tmt. Valarmathi, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2016
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.23868/2016 & WMP.No.20483/2016 1.Tmt.Valarmathi 2.Tmt.Sundari 3.Tmt.Krishnaveni 4.Rajarathinam 5.Tmt.Rani 6.Tmt.Bakkiyam 7.Tmt.Shalini 8.Tmt.Janaki ..
Petitioners
Versus
1.The District Collector Salem District, Salem.
2.The Revenue Divisional Officer Mettur Taluk, Salem District.
3.The Tahsildar Mettur Taluk, Salem District. ..
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of certiorarified mandamus calling for the records relevant to the order in Na.Ka.1050/2016 [P5] dated 30.03.2016 passed by the 3rd respondent and quash the same as illegal, improper, unreasonable, arbitrary and against the principles of natural justice and thereby direct the respondents to consider the petitioners representation dated 24.06.2015 and thereby direct the respondents to grant patta in the name of petitioners in respect of the property situated in Survey No.415/1 to 415/4, Mallikundam post, Mettur Taluk, Salem District to an extent of 3 cents of land for each petitioners.
For Petitioners : Mr.A.Rajesh Kanna For RR 1 to 3 : Mr.R.Govindasamy, Spl.GP
ORDER
By consent, the writ petition is taken up for final disposal.
The petitioner along with nine others, on an earlier occasion, had filed WP.No.40802/2015, praying for issuance of a writ of mandamus to consider and dispose of the representation dated 24.06.2015 and grant patta in their names, in respect of the property situated in Survey Nos.415/1 to 415/4, Mellikundam Post, Mettur Taluk, Salem District, admeasuring to an extent of 3 cents of lands to the petitioners therein and this Court, vide order dated 04.01.2016, has directed the 3rd respondent, viz., the Tahsildar, Mettur Taluk, Salem District, to consider and dispose of the representation and pass orders within the stipulated time.
Accordingly, the 3rd respondent, in compliance of the order, vide order dated 30.03.2016, has rejected the said request. Challenging the legality of the same, the petitioners have filed an appeal before the Sub Collector, Mettur and since no orders have been passed, they have come up with the present writ petition.
Heard the learned counsel for the petitioners and Mr.R.Govindasamy, learned Special Government Pleader who accepts notice on behalf of the respondents.
Though the petitioners have prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the Sub Collector, Mettur Taluk, Salem District, to consider and dispose of the petitioners' appeal dated 01.06.2016 in accordance with law, after putting on notice, the person/s concerned and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners as well as to the person/s concerned.
The writ petition is disposed of with the above direction.
No costs.
Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar AP
To 1.The District Collector Salem District, Salem.
2.The Revenue Divisional Officer Mettur Taluk, Salem District.
3.The Tahsildar Mettur Taluk, Salem District.
1 cc to M/s.A.Rajeshkanna, Advocate, sr.39088 1 cc The Government Pleader,sr.39320 W.P.No.23868/2016 ala co kra 27.07.2016