L.Kantakidevi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2021

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.20987 of 2021 L.Kantakidevi

...Petitioner

Versus

1.The District Collector, Chengalpet District.

2.The Revenue Divisional Officer, Chengalpet.

3.The Tahsildar, Tirukazhukundram, Chengalpet District.

4.The Village Administrative Officer, Pudhupattinam, Tirukazhukundram Taluk.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to consider the representation dated 27.03.2021 submitted by the petitioner within a time frame to be fixed by this Court. For Petitioner :

Mr.M.Jayaprakash For Respondents :

Mr.V.Veluchamy Government Advocate

O R D E R

This Writ Petition is filed for issuing a Writ of Mandamus, directing the respondents 1 to 3 herein to consider the representation dated 27.03.2021 submitted by the petitioner within a time frame to be fixed by this Court.

2. The case of the petitioner is that the petitioner is in possession of Plot and Building situated at Pudupattinam Village, Tirukazhukundram Taluk comprised in Grama Natham

S.No.233/10B2 measuring an extent of 2058 sq.ft., of land in the year 2009. The petitioner had applied for Patta with the Tahsildar, Tirukazhukundram Taluk, and the Tahsildar also issued Natham patta in favour of the petitioner on 29.09.2020 bearing patta No.555 along with Form-4 dated 09.10.2020. After receiving the patta, the petitioner verified through Online, the third person's name is found in the Patta. The petitioner approached the concerned Officers, but no steps have been taken and hence, the petitioner sent a representation to the respondents 1 to 3 on 27.03.2021 requesting them to withdraw his old patta bearing No.555 issued by the Tahsildar, Tirukazhukundram for the above said land. But, till date no action has been taken to the petitioner's representation. Hence, the petitioner has come forward with the present writ petition before this Court.

3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondents to consider the petitioner's representation dated 27.03.2021 and dispose of the same within a stipulated time that may be framed by this Court.

4. The learned Government Advocate submitted that after receiving the report from the Revenue Inspector dated 04.10.2012, it is a joint patta and there is a lot of discrepancies found in the accounts and the Patta No.555 for the said land situated in New S.No.233/11 and the Old S.No.233/10B2 part are found to be bogus. Hence, they seek for holding an enquiry.

5. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation or the case pleaded by the petitioner in the present writ petition, the Writ Petition is disposed of, with a direction to the respondents to consider the petitioner's representation dated 27.03.2021 and pass appropriate orders, on merits and in accordance with law, within a period of Sixteen Weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar ssn

To 1.The District Collector, Chengalpet District.

2.The Revenue Divisional Officer, Chengalpet.

3.The Tahsildar, Tirukazhukundram, Chengalpet District.

4.The Village Administrative Officer, Pudhupattinam, Tirukazhukundram Taluk.

+1cc to M/s.M.Jayaprakash, Advocate SR.No.54905 +1cc to the Government Pleader SR.No.55913 W.P.No.20987 of 2021 PMK(CO) RVM(01/12/2021)