R.Prabakaran v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2016
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.26101 of 2016 R.Prabakaran ... Petitioner
Versus
1. The Secretary to Government Revenue Department, Fort St George Chennai 600 009.
2. The District Collector Kancheepuram District.
3. The Revenue Divisional Officer Tambaram Revenue Division, Tambaram.
4. The Tahsildar Tambaram Taluk Kancheepuram District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the respondents 1 to 4 above to issue 'free patta' to the petitioner, who hails from a rural area as per the orders of the Government of Tamilnadu, relating his agricultural landed properties comprised in Survey No.403/3, situate at Perungalathur Village, Tambaram Taluk, Kancheepuram District, measuring to an extent of 1 acre 98 cents or thereabouts, within a time frame as may be fixed by this Court.
For Petitioner : Mr.D.Nagarajan For Respondents : Mr.R.Govindasamy, Special Government Pleader
ORDER
By consent, the writ petition is taken up for final disposal.
2. The petitioner claims to be in possession and enjoyment of the land admeasuring to an extent of 1 acre 98
cents comprised in S.No.403/3, situated at Perungalathur Village, Tambaram Taluk, Kancheepuram District and doing agricultural operations and would also submit that he is regularly paying kists/taxes as well as the other statutory levies from time to time in respect of the land in question. According to the petitioner, the Government of Tamilnadu had introduced scheme of free patta to agricultural farmers who are landless poor agriculturists and the said scheme was also introduced in Tiruvallur District and the petitioner has applied for the same under the said scheme and since no response is forthcoming, the petitioner has submitted a representation dated 10.04.2015 to the 2nd respondent and since no orders have been passed, he came forward to file the present writ petition.
3. The learned counsel for the petitioner would submit that on an earlier occasion also the petitioner had approached this Court by filing WP.No.6646/2009 and it was disposed of on 10.06.2009 by directing the Tahsildar, Tambaram Taluk, Kancheepuram District, Chennai-45, to consider and dispose of the petitioner's representation and despite very many personal representations as well as written representation dated 10.04.2015, the petitioner's grievance is yet to be addressed and therefore, the petitioner is constrained to file this writ petition.
4. This Court heard the submissions of Mr.R.Govindasamy, learned Special Government Pleader who accepts notice on behalf of the respondents.
5. Though the petitioner has 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 2nd respondent to consider and dispose of the petitioner's representation dated 10.04.2015 in accordance with law and pass orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
6. The writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar AP
To
1. The Secretary to Government Revenue Department, Fort St George Chennai 600 009.
2. The District Collector Kancheepuram District.
3. The Revenue Divisional Officer Tambaram Revenue Division, Tambaram.
4. The Tahsildar Tambaram Taluk Kancheepuram District.
+1cc to Mr.P.Gajendra Babu, Advocate, S.R.No.42984 +1cc to the Government Pleader, S.R.No.42779 W.P.No.26101 of 2016 VD(CO) CA(17/08/2016)