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Madras High CourtWP/23581/2021disposed of

S.Antony v. The Revenue Divisional Officer

2021-11-02Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.11.2021

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.23581 of 2021 S. Antony, .... Petitioner Vs.

1. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Thiruvannamalai District.

2. The Tahsildar, O/o. The Tahsildar, Thandarampattu Taluk, Thiruvannamalai District.

... Respondents Prayer:This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 17.09.2021 to provide Patta for the land to an extent of 437 1/2 Sq. Ft. situated at Ilaiyankanni Village, Thandarampattu Taluk, Thiruvannamalai District within a stipulated period that may be fixed by this Hon'ble High Court and pass appropriate orders accordingly.

For Petitioner :: Mr. G. Balamanikandan For Respondents:: Mr.Yogesh Kannadasan (Government Advocate)

O R D E R

This Writ Petitions is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 17.09.2021 to provide Patta for the land to an extent of 437 1/2 Sq. Ft. situated at Ilaiyankanni Village, Thandarampattu Taluk, Thiruvannamalai District within a stipulated period that may be fixed by this Hon'ble High Court and pass appropriate orders accordingly.

2. Heard the learned counsel for the petitioners and the learned counsel for the respondent as well as perused the material available on records.

3. Having considered the facts and circumstances of the case and submissions of the learned counsel on either side, it is seen that the petitioner has made a representation dated 04.08.2018 to the District Collector, requesting to issue Patta in his favour for the aforesaid land. Subsequently, the District Collector, by his proceedings in O.Mu.No.M4/29274/2018 dated 24.09.2018 directed the 2nd respondent to take action and submit report on the petitioner's representation. Consequently, the VAO instructed the petitioner to produce Encumbrance Certificate of the property. After submitting the same, the petitioner has applied for Patta through on line vide receipt No.2019/9005/06/211560/0729 dated 29.07.2019. However, as there is no action on the aforesaid on line application, the petitioner has made a representation dated 17.09.

2021 to the respondents herein to issue Patta in his favour. As a result of which, the 1st respondent vide his proceedings in O.Mu.No.A3/5630/2021 dated 27.09.2021 directed the 2nd respondent to take speedy action and sent report on the aforesaid representation made by the petitioner herein. Thereafter, the said representation is neither been considered nor been ordered till date despite the direction of the 1st respondent herein. Hence, this Court without expressing any opinion with regard to the merits of the case, directs the respondents to consider the petitioner's representations dated 17.09.2021 and pass appropriate orders on it within a period of Twenty weeks from the date of receipt of coy of this order in accordance with law after affording sufficient opportunity to the petitioner herein.

4.In the result, the Writ Petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed if any. There shall be no order as to costs. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR

Lbm To:

1. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Thiruvannamalai District.

2. The Tahsildar, O/o. The Tahsildar, Thandarampattu Taluk, Thiruvannamalai District.

+1cc to the Government Pleader Sr.57595 W.P.No.23581 of 2021 gsm[co] srg 17/12/2021