G.Rajeshwari v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.22571 of 2024 G.Rajeshwari
...Petitioner
Vs.
1.The District Collector Vellore O/o.of District Collectorate Vellore.
2.The Block Development Officer Katpadi Sittur- Vellore Highway SH 9 Radhakrishnan Nagar Katpadi, Vellore.
3.The Tahsildar Katpadi Katpadi Taluk Katpadi, Vellore District.
4.The President Karnampattu Panchayat Karnampattu Village Katpadi Taluk Vellore 631 519.
5.The Village Administrative Office Karnampattu Village Katpadi Taluk, Vellore.
...Respondents
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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents 1 to 5 in any manner interfering with the petitioner peaceful possession and enjoyment of the agricultural Patta Punjai land situated at S.No.476/11, to an extent of 1.13.50 hect, in alternate 2.80 acres in Patta No.742 Karnampattu Village, Katpadi Taluk, Vellore District, on the basis of the petitioner's representation dated 12.07.224 without following due process of law. For Petitioner : Mr.S.Venkatesh For Respondents : Mr.A.Selvendran for R1, R3 & R5 Special Government Pleader Mr.M.Venkateswaran for R2 & R4 Special Government Pleader
O R D E R
The petitioner herein seeks issuance of Writ of Mandamus forbearing the respondents 1 to 5 from interfering with the petitioner peaceful possession and enjoyment of the agricultural land situated in S.No.476/11 with an extent of 1.13.50 hect, in alternate 2.80 acres in Patta No.742, Karnampattu Village, Katpadi Taluk, Vellore District, by considering her representation dated 12.07.2024.
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2. According to the petitioner, the above mentioned land was assigned to her in recognization of the Army service rendered by her late husband R.Ganesan.
3. It is stated by the petitioner that ever since from the date of assignment patta on 11.09.1972 the petitioner has been in possession and enjoyment of the property by doing cultivation. The patta also issued in her name in Patta Number 742. It is further stated that at the instigation of the respondents 4 & 5, some unknown persons entered her land and tried to grab the same. Therefore, she submitted a representation to the respondents on 12.07.2024 requesting them not to interfere with her peaceful possession. The said representation has not been considered by the respondents till date. Aggrieved by the same, the petitioner is before this Court.
4. Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondents 1, 3 & 5 and Mr.M.Venkateswaran, learned Special Government Pleader takes notice for the respondents 2 & 4.
5. Though the petitioner sought for issuance of Writ of Mandamus, forbearing the respondents 1 to 5 from interfering with her 3/6
peaceful possession of the suit property, this Court is not going into the dispute in this petition namely possession of the petitioner. However, the first respondent is directed to consider the representation of the petitioner dated 12.07.2024 on its own merits and pass final orders, within a period of 8 weeks from the date of receipt of copy of this order, after giving sufficient opportunity to the petitioner.
6. With the above direction, this Writ Petition is disposed of. No costs.
08.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna 4/6
To 1.The District Collector Vellore O/o.of District Collectorate Vellore.
2.The Block Development Officer Katpadi Sittur- Vellore Highway SH 9 Radhakrishnan Nagar Katpadi, Vellore.
3.The Tahsildar Katpadi Katpadi Taluk Katpadi, Vellore District.
4.The President Karnampattu Panchayat Karnampattu Village Katpadi Taluk Vellore 631 519.
5.The Village Administrative Office Karnampattu Village Katpadi Taluk, Vellore.
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S.SOUNTHAR , J.
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