V.Veera Raghavan, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.04.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.27917 of 2014 and M.P.No.1 of 2014 Veera Ragavan ... Petitioner Vs.
1. The District Collector Thiruvallur District.
2. The Thasildar Thiruvallur Taluk & District.
3. The Village Administrative Officer, Komakkam Pedu - Village, Thiruvallur Taluk & District.
...Respondents
The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents to assign and grant patta in petitioners name for cultivation of lands measuring 1 acre 10 cents in survey No.199/1 in Komakkam Pedu, Village, Thiruvallur Taluk , Thiruvallur District by taking into consideration of petitioners representation dated 14.8.2014 and G.O.(Ms)NO.241, dated 12.09.2006 (Agriculture (W.D.1) Department) Government of Tamilnadu.
For Petitioner : M/s.K.Lavan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader
ORDER
This Writ Petition has been filed seeking direction to the respondents to assign and grant patta in petitioners name for cultivation of lands measuring 1 acre 10 cents in survey
No.199/1 in Komakkam Pedu, Village, Thiruvallur Taluk , Thiruvallur District by taking into consideration of petitioners representation dated 14.8.2014 and G.O.(Ms)NO.241, dated 12.09.2006 (Agriculture (W.D.1) Department) Government of Tamilnadu.
2. The case of the petitioner is that his father viz., Venkatachala Reddy was in possession and enjoyment of the land measuring to an extent of 1 acre 10 cents in S.No.199/1 in Komakkam Pedu Village, Thiruvallur Taluk and District and in the revenue records, the said land is classified as Meikkal Poromboku. During the year 2002, the petitioner's father died. After his death, the petitioner is in continuous possession and enjoyment of the land by doing agriculture till date. The petitioner is in continuous possession and enjoyment of the afore said land for more than 30 years.
3. It is the further case of the petitioner that as per the Government Order in G.O.ms.No.241 dated 12.09.2006 (Agriculture (WD1) Department, it has ordered that poramboke wasteland of the Government will be developed into cultivable land and distributed wasteland of the Government will be developed into cultivable land and distributed to poor landless farmers two acres each. As per the scheme, the petitioner is entitled to the benefit of the above said G.O. In view of the above, the petitioner made a representation dated 14.08.2014 to the respondents to grant patta in favour him for the afore said land. After receipt of the representation, the respondents informed to evict the possession of the petitioner. Without having no other way, the petitioner has filed the present writ petition before this Court seeking with the above prayer.
4. Heard both sides and perused the materials available on record.
5. The learned Special Government Pleader fairly submitted that if the scheme is still in existence, the representation will be considered in the manner known to law.
6. Considering the facts and circumstances of the case and the submission made on either side, this Court, without express any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 14.08.2014 in the light of the Government Order in G.O.MS.No.241, dated 12.09.2006, Agriculture (WD1) Department, if applicable, within a period of twelve weeks from the date of receipt of a copy of this order, if the said scheme is in existence.
7. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed.
Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar rli To
1. The District Collector Thiruvallur District.
2. The Thasildar Thiruvallur Taluk & District.
3. The Village Administrative Officer, Komakkam Pedu - Village, Thiruvallur Taluk & District.
+1cc to M/s.K.Lavan, Advocate SR.No.25146 +1cc to Government Pleader SR.No.25502 W.P.No.27917 of 2014 KV(CO) GMY(04/05/2022)