M.Saravanan, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2016
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.24169/2016 M.Saravanan .. Petitioner
Versus
1.The District Collector Collectorate, Villupuram District.
2.The District Revenue Officer Collectorate, Villupuram District.
3.The Revenue Divisional Officer Kallakurichi, Villupuram District.
4.The Tahsildar, Sankarapuram Taluk Villupuram District.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the 4th respondent to consider the petitioner's representation dated 06.06.2016 and reminder representation dated 05.07.2016 and issue patta for bearing S.No.56/2A to the extent 47 acres in favour of the petitioner situated in Perarasupattu village, Sankarapuram Taluk, Villupuram District belongs to the petitioner.
For Petitioner : Mr.A.Rajakumar For R1 to R4 : Mr.R.Vijayakumar, AGP
ORDER
By consent, the writ petition is taken up for final disposal.
The petitioner claims to be the owner of 63 cents of land situated in Survey No.63/2B, 2C, 2F in Perarasupattu Village, Sankarapuram Taluk, Villupuram District and also admitted that he is in possession of Government waste lands admeasuring to an extent of 47 acres in S.No.56/2A for the past
20 years. It is also subjected to penal charges. The petitioner has submitted a representation dated 06.06.2016 as well as reminder dated 05.07.2016 praying for issuance of patta in respect of the Government lands which he claims to be in possession and since it has not been disposed of, the petitioner came forward to file the present writ petition. Heard the learned counsel for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 to 4. Though the petitioner has prayed for a larger relief, this Court, taking into consideration the above facts and circumstances and without going into the merits of the claim projected by the petitioner either in his representations or in this writ petition, directs the 4th respondent to consider and dispose of the petitioner's representation dated 06.06.2016 as well as the reminder dated 05.07.2016 on merits and in accordance with law 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 petitioner.
It is pertinent to point out at this juncture that the Hon'ble First Bench of this Court has repeatedly passing orders directing the Government to protect their lands by removal of encroachments and it seems that no headway has been done or no worthwhile action has been taken by the concerned Department of the Government even to protect their lands. The concerned Department of the Government shall take every endeavour to protect their lands by periodically inspecting and removing the encroachments made thereon by resorting to due process of law. The writ petition is disposed of with the above direction and observation. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The District Collector Collectorate, Villupuram District.
2.The District Revenue Officer Collectorate, Villupuram District.
3.The Revenue Divisional Officer Kallakurichi, Villupuram District.
4.The Tahsildar, Sankarapuram Taluk Villupuram District.
W.P.No.24169/2016 TM[CO] SRG 03/08/2016