Madras High CourtWP/30148/2024disposed of

Varalakshmi v. The Government Of Tamilnadu

2024-10-15Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Varalakshmi ... Petitioner vs.

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

2.The District Collector, Thiruvallur District, Thiruvallur.

3.The Tahsildar, Poonamallee, Thiruvallur District 4.The Special Officer, Maiyur Gudappakkam Cooperative Land Colonization, Society for Servicemen Ex, Puduchathiram Post, Gudapakkam, Chennai - 600 124 ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, direct the Respondents to grant patta to 1/6

the Petitioner in respect of 6 acres of agricultural land, which is in her possession and enjoyment, comprised in Survey Nos. 341/242 and 97 respectively in Maiyur Gudapakkam Village as per the directions issued under G.O.Ms.No. 277, Revenue Department dated 04.05.2004 and as per the decision and directions issued by the 2nd Respondent and in following the order dated 12.07.2023 made in W.A.No.90 to 97 of 2020 by the Division Bench of this Court.

For Petitioner : Mr.D.Murugan For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

2. The petitioner herein seeks a direction to the respondents to grant patta in her favour in respect of 6 acres of agricultural land in her possession and enjoyment, comprised in Survey No.341/242 and 97 situated at Maiyur Gudapakkam Village, Poonamallee Taluk, Thiruvallur District in the light of the direction issued by the Division Bench of this Court in W.A.Nos.90 to 97 of 2020, dated 12.07.2023.

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3. It is the case of the petitioner that her grandfather-Rajagopal Naidu was Ex-Serviceman serving in the Armed Force from 16.11.1942 to 14.04.1946. It is further case of the petitioner that the above mentioned property has been in possession and enjoyment of petitioner's family for more than 30 years. The petitioner submitted a representation to the respondents on 16.07.2024 seeking issue of patta in respect of the property in her possession by considering the claim as legal heir of the ExServiceman under G.O.Ms.No.277, Revenue Department, dated 04.05.2004. The said representation has not been considered by the respondents till date. Hence, the petitioner is before this Court.

4. The learned counsel appearing for the petitioner also brings to the notice of this Court that the order passed by the Division Bench of this Court in W.A.Nos.90 to 97 of 2020, wherein the Official Respondents were directed to consider the claim of the similarly situated persons in the light of G.O.(Ms).No.277, Revenue Department, dated 04.05.2004.

5. Mr.P.Sathish, learned Additional Government Pleader, who is taking notice for the respondents would submit that the representation of the 3/6

petitioner dated 16.07.2024 will be considered by the 1st respondent on its own merits and in accordance with law, within the time fixed by this Court.

6. In view of the order passed by the Division Bench of this Court in favour of the similarly situated persons, the 1st respondent is directed to consider the representation of the petitioner dated 16.07.2024 in the light of the order passed by the Division Bench of this Court in W.A.Nos.90 to 97 of 2020, dated 12.07.2023 and pass final orders on its own merits and in accordance with law, within a period of twelve weeks from the date of receipt of copy of this order.

7. With the above direction, the Writ Petition stands disposed of. No costs.

15.10.2024 Index : Yes/No Speaking order:Yes/No dm 4/6

To 1.The Secretary, Revenue Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The District Collector, Thiruvallur District, Thiruvallur.

S.SOUNTHAR, J.

dm 15.10.2024 6/6