N.Chandrasekaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.32357 of 2016 N.Chandrasekaran .. Petitioner

Versus

1. The District Collector, Cuddalore District

2. The Sub-Collector, Chidambaram Taluk, Cuddalore District.

3.The Tahsildar, Kattumanarkoil Taluk, Cuddalore District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus to direct the respondents 2 and 3 to take action on the petitioner's representation dated 11.08.2016 for issuance of patta for his lands in survey no.71/2 & 72/3, measuring about 1.41.5 hectares at Palayamkottai Melpathi, Kattumanarkoil Taluk, Cuddalore District.

For Petitioner : Mr.M.Sivavarthanan For Respondents: Mr.R.S.Selvam, GA

O R D E R

Heard Mr.M.Sivavarthanan, learned counsel appearing for the petitioner and Mr.R.S.Selvam, learned Government Advocate appearing for the respondents.

2. The petitioner is the legal heir of V.Namachivayam, who obtained loan from the Government under the Sub-Artesian Wells Scheme (SAW) for sinking well in his land. On account of the delay in repayment of the loan owned by V.Namachivayam, the land was classified as "Government Bought in Lands" (Nela Ela Tharisu). The petitioner claims that after such classification done by the Revenue Department, his father continued to be in possession of the land.

https://hcservices.ecourts.gov.in/hcservices/

3. The loan obtained by the petitioner's father had already been fully cleared and then the petitioner's father requested to issue patta for the said land, while the application was in pending, the petitioner's father died on 19.05.2006. Now, the legal heirs, who are sons and daughters, one of whom is the petitioner, who has made representation dated 11.08.2016 to the second respondent to consider the same and change the classification and grant patta in their favour.

4. The leaned Government Advocate appearing for the respondents submitted that reasonable time may be granted to the second respondent to consider the said representation.

5. In the light of the same there will be a direction to the second respondent to consider the above said petitioner's representation and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after notice to the petitioner and other legal heirs of V.Namachivayam. With the above observation, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(V) //True Copy// Sub Assistant Registrar pvs To

1. The District Collector, Cuddalore District

2. The Sub-Collector, Chidambaram Taluk, Cuddalore District.

3.The Tahsildar, Kattumanarkoil Taluk, Cuddalore District.

+1cc to Mr.M.Sivavarthanan, Advocate, S.R.No.52577. +1cc to the Government Pleader, S.R.No.52785 NM(CO) EU(27/09/2016) W.P.No.32357 of 2016 https://hcservices.ecourts.gov.in/hcservices/