K.Raja, S/O.Krishnavenu v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 19.09.2016
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.32649 to 32655 of 2016
1. K.Raja .. Petitioner in WP.No.32649 of 2016
2. Mrs.Loganayaki .. Petitioner in WP.No.32650 of 2016
3. Mrs.Latha .. Petitioner in WP.No.32651 of 2016
4. Mrs.Parimala .. Petitioner in WP.No.32652 of 2016
5. Mrs.Devi .. Petitioner in WP.No.32653 of 2016
6. K.Ravi .. Petitioner in WP.No.32654 of 2016
7. K.Rangan .. Petitioner in WP.No.32655 of 2016
Versus
1. The District Collector, Villupuram District, Office of Collector, Villupuram District, Villupuram.
2. The Tahsildar, Tindivanam Taluk, Villupuram District, Villupuram.
.. Respondents in W.P.Nos.
32649 to 32655 of 2016 Prayer for WP.No.32649 of 2016: Petition filed under of Mandamus, directing the 2nd Respondent to transfer patta and Chitta in respect of the land situated in Kuteripattu Village, Tindivanam Taluk, Villupuram District, of an extent of 30 cents equivalent to 13080 Sq.ft out of larger extent of land being Acre 1.45 cents, comprised in Old S.No. 87/1,2, 4B, 5,8, 9A, 10, 11A, 12, 13, 14A, 15, 16, 17A, 18A and New Survey No.66/8, bounded on North by Land Belongs to Ravi, East by National highway, South by Road Laid by Radha Ammal, West by Land retained by Radha Ammal of an extent of 0.19 cents after subdividing the same in favour of the petitioner herein. Prayer for W.P.No.32650 of 2016: Petition filed under of Mandamus, directing the 2nd Respondent to transfer patta and Chitta in respect of the land situated in Kuteripattu Village, Tindivanam Taluk, Villupuram District, of an extent of Acre 1.45 cents, comprised in Old S.No. 87/1,2, 4B, 5,8, 9A, 10, 11A, 12, 13, 14A, 15, 16, 17A, 18A and New Survey No.66/8, of an extent of 12 cents of land equivalent to 5232
Sq.ft after subdividing the same in favour of the petitioner herein.
Prayer for W.P.No.32651 of 2016: Petition filed under of Mandamus Directing the 2nd Respondent to transfer patta and Chitta in respect of the land situated at Kuteripattu Village, Tindivanam Taluk, Villupuram District, i) land situated in Kuteripattu Village, Tindivanam Taluk, Villupuram District, of an extent 0.11 cents out of larger extent of lands being Acre 1.45 cents, comprised in S.No. 87/1,2, 4B, 5,8, 9A, 10, 11A, 12, 13, 14A, 15, 16, 17A, 18A and New Survey No.66/8, bounded on West by land belongs to Parimala, North by Ramakrishna Land, East by Land belongs to Devi and South by Street under the enjoyment Radha Ammal of an 0.11 cents of land equivalent to 4796 Sq.ft ii) land situated in Kuteripattu Village, Tindivanam Taluk, Villupuram District, of an extent of 2179 1⁄4 Sq.ft of land, after subdividing the same in favour of the petitioner herein.
Prayer for W.P.No.32652 of 2016: Petition filed under of Mandamus, Directing the 2nd Respondent to transfer patta and Chitta in respect of the land situated in Kuteripattu Village, Tindivanam Taluk, Villupuram District, of an extent 0.12 cents equivalent to 5232 Sq.ft out of larger extent of land being Acre 1.45 cents, comprised in S.No. 87/1,2, 4B, 5,8, 9A, 10, 11A, 12, 13, 14A, 15, 16, 17A, 18A and New Survey No.66/8, bounded on West by Lokanayaki Land, North by Ramakrsihnan Land, East by land belongs to Latha and South by Street under the enjoyment of Radha Ammal, after subdividing the same in favour of the petitioner herein.
Prayer for W.P.No.32653 of 2016: Petition filed under of Mandamus, directing the 2nd Respondent to transfer patta and Chitta in respect of the land land situated in Kuteripattu Village, Tindivanam Taluk, Villupuram District, i) of an extent of 0.12 cents of land out of Acre 1.45 cents, comprised in Old Survey .No. 87/1,2, 4B, 5,8, 9A, 10, 11A, 12, 13, 14A, 15, 16, 17A, 18A and New Survey No.66/8 of an extent of 0.10 Cents of land out of 0.19 cents of land retained by my mother, bounded on East by remaining land of K.Radha Ammal settled in favour of the petitioner, North by Property belongs to Ramakrishna Naidu, south by street enjoyed by Radhammal in all of an extent of 0.10 cents of land equivalent to 4360 Sq.ft after subdividing the same in favour of the petitioner herein. Prayer for W.P.No.32654 of 2016: Petition filed under of Mandamus, directing the 2nd Respondent to transfer patta and Chitta in respect of the land situated in Kuteripattu Village, Tindivanam Taluk, Villupuram District, of an extent 0.20 cents equivalent to 8720 sq.ft out of larger extent of
lands being Acre 1.45 cents, comprised in S.No. 87/1,2, 4B, 5,8, 9A, 10, 11A, 12, 13, 14A, 15, 16, 17A, 18A New Survey No.66/8, bounded on West by land belongs to Rangan, East by National High Ways, South by Land belongs to Raja after Subdividing the same in favour of the petitioner herein. Prayer for W.P.No.32655 of 2016: Petition filed under of Mandamus, Directing the 2nd Respondent to transfer patta and Chitta in respect of the land of an extent 15 out of larger extent of land being Acre 1.45 cents, situated in Kutteripattu Village, Tindivanam Taluk, Villupuram District comprised in Old S.No. 87/1,2, 4B, 5,8, 9A, 10, 11A, 12, 13, 14A, 15, 16, 17A, 18A and New Survey No.66/8, after subdividing the same in favour of the petitioner herein. For Petitioners : Mr.A.Palaniappan For Respondents : Mr.A.N.Thambidurai, SGP COMMON ORDER Mr.A.N.Thambidurai, learned Special Government Pleader accepts notice for the respondents. Heard both. By consent, the writ petitions are taken up for final disposal.
2. The petitioners' grievance is that their online applications for grant of patta submitted on 22.07.2016 claiming a right over a property pursuant to a decree of compromise in O.S.No.144 of 2002 on the file of Additional District Munsif Court, Tindivanam dated 01.09.2006 are pending before the second respondent and that there appears to be no reply from the office of the second respondent, which has necessitated the petitioners to approach this Court by way of these writ petitions.
3. Learned Special Government Pleader appearing for the respondents, on instructions, submitted that the process of computerisation is going on and probably that may be the reason for the delay in taking note of the petitioners' applications.
4. Be that as it may, in a public interest litigation filed before the First Bench of this Court, seeking to implement the Rights to Public Services Act, the Government had taken a stand to issue directions to dispose of various applications filed before the concerned authorities within a time frame. However, this Court finds that invariably in most of the cases, this time frame was not adhered to for the reasons best known to them. In any event, the petitioners are entitled to know the fate of their applications.
5. Accordingly, these writ petitions are disposed of with a direction to the second respondent to consider the petitioners' applications and intimate the petitioners about
the fate of their applications wherein additional documents are required or for some reason the applications were not entertainable etc. The above direction shall be complied with and communicated to the petitioners by registered post with acknowledgement due within a period of 8 weeks. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To
1. The District Collector, Villupuram.
2. The Tahsildar, Tindivanam Taluk, Villupuram District, Villupuram.
+7ccs to Mr.A. Palaniappan, Advocate, S.R.No.53326 +7ccs to the Government Pleader, S.R.No.53108, 53109, 53110, 53101, 53102, 53103.
MP(CO) EU(22/09/2016) W.P.Nos.32649 to 32655 of 2016