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Madras High CourtWP/24005/2024disposed of

R.Sathya Ganesh, v. The State Of Tamil Nadu,

2024-08-16Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.24005 of 2024 and WMP.No.26268 of 2024 R.Sathya Ganesh

...Petitioner

Vs.

1.The State of Tamil Nadu Rep.by its Secretary to Revenue Department Fort St.George Chennai 600 009.

2.The District Collector Collectorate Tiruvannamalai 606 604.

3.The District Revenue Officer Collectorate Tiruvannamalai Tiruvannamalai District 606 604.

4.The Revenue Divisional Officer Revenue Divisional Office Tiruvannamalai 606 601.

5.The Tahsildar Taluk Office Tiruvannamalai 606 601.

...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the fifth respondent to consider the petitioner's representation dated 28.07.2023 for the grant of patta to the petitioner, his mother and sister for the property comprised in T.S.No.98/46, admeasuring an extent of 775 sq.ft., situated in Ward No.1, Block No.4, Polur Road, Tiruvannmalai Town and to forbear the respondents from taking any coercive eviction proceedings against the petitioner till the disposal of the petitioner's representation dated 28.07.2023. For Petitioner : Mr.R.Viduthalai, Senior Counsel for Mr.A.V.Bharathi For Respondents : Mr.Krishnaraja for R1 to R5 Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the fifth respondent to consider his representation dated 28.07.2023 for grant of patta in respect of the land situated in T.S.No.98/46, admeasuring an extent of 775 sq.ft., at Ward No.1, Block No.4, Polur Road, Tiruvannamalai Town.

2. According to the petitioner, he has been in possession and 2/6

enjoyment of 0.00.55 ares of land situated in S.No.98/46 for the past 60 years. He submitted a representation before the fifth respondent seeking issuance of patta on the strength of his long possession, but the same has not been considered. However, the representation of the petitioner seeking issuance of patta is pending before the Competent Authority namely, fifth respondent. The respondents are attempting to evict the petitioner. Therefore, the petitioner is before this Court.

3. Mr.Krishna Raja, learned Additional Government Pleader, who takes notice for the respondents 1 to 5 would submit that the representation of the petitioner dated 28.07.2023 will be considered on its own merits, within a time frame fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the fifth respondent to consider the representation of the petitioner on its own merits and pass final orders within a period of six weeks from the date of receipt of copy of this order. It is also made clear, till the representation of the petitioner is considered and final order is passed, the possession of the petitioner shall not be disturbed.

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5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 16.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna Note: Issue order copy today (16.08.2024) 4/6

To 1.The Secretary to Revenue Department Fort St.George Chennai 600 009.

2.The District Collector Collectorate Tiruvannamalai 606 604.

3.The District Revenue Officer Collectorate Tiruvannamalai Tiruvannamalai District 606 604.

4.The Revenue Divisional Officer Revenue Divisional Office Tiruvannamalai 606 601.

5.The Tahsildar Taluk Office Tiruvannamalai 606 601.

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S.SOUNTHAR , J.

dna W.P No.24005 of 2024 and WMP.No.26268 of 2024 16.08.2024 6/6