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Madras High CourtWP/26113/2022disposed of

Palaniyammal v. The District Collector

2022-09-29Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos. 26113, 26114, 26117, 26120 & 26122 of 2022 Palaniyammal .. Petitioner in W.P.No.26113 of 2022 T.K.Kannabiran .. Petitioner in W.P.No.26114 of 2022 Sundari .. Petitioner in W.P.No.26117 of 2022 Saraswathy .. Petitioner in W.P.No.26120 of 2022 Selvarani .. Petitioner in W.P.No.26122 of 2022

Versus

1.The District Collector Chengalpattu District 2.The Revenue Divisional Officer Revenue Divisional Office Chengelpet District 3.The Tahsildar Tiruporur Taluk Chengalpattu District - 603 110 4.The Panchayat President Thiruporur Panchayath Union Chengalpattu District.

.. Respondents in all cases 1/6

Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st and 3rd respondents to consider and dispose of the petitioner representation dated 22.11.2021 followed by the reminder representation dated 09.03.2022 and consequently direct the 3rd respondent to issue patta to the petitioners in respect of the land comprised in Survey No. 49/B, measuring extents of about 0.04.0 0.05.0, 0.02.0, 0.01.0, 0.01.0 Hectares respectively at No.58, Viralpakkam Village, Karumpakkam Post, Thiruporur Taluk, Kancheepuram District in the light of the 4th respondenet Panchayat Union Resolution dated 17.12.2021.

In all cases For Petitioners : Dr.R.Gouri For Respondents : Mr.U.Bharanidharan for R1 to R3 Additional Government Pleader Mr.N.Naveen Kumar for R4 Government Advocate COMMON ORDER As the issue arising in both the Writ Petitions are one and the same, they are disposed of by way of this common order.

2. The petitioners have filed these petitions seeking direction to the first and third respondents to consider and dispose of the petitioner-s representation dated 22.11.2021, followed by the reminder representation dated 09.03.2022 and consequently direct the third respondent to issue Patta to the petitioner in respect of the land comprised in Survey No.49/B, 2/6

measuring extents of about 0.04.0 0.05.0, 0.02.0, 0.01.0, 0.01.0 Hectares respectively at No.58, Viralpakkam Village, Karumpakkam Post, Thiruporur Taluk, Kancheepuram District in the light of the 4th respondenet Panchayat Union Resolution dated 17.12.2021.

3. Mr.U.Bharanidharan, learned Additional Government Pleader takes notice for the respondents 1 to 3. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

4. The case of the petitioners are that the petitioner is in the absolute possession and enjoyment of the land comprised in Survey No.49/B, measuring extents of about 0.04.0 0.05.0, 0.02.0, 0.01.0, 0.01.0 Hectares respectively at No.58, Viralpakkam Village, Karumpakkam Post, Thiruporur Taluk, Kancheepuram District. Petitioners are residing there for the past three decades and they are paying all the taxes like B~Memo, Property Tax and EB charges to the competent authorities. Hence, they made a representation on 22.11.2021 before the first respondent for issuance of Patta, and on 17.12.2021 the Panchayat President had also passed a 3/6

resolution stating that there is no objection for granting Patta. Thereafter, petitioners had also made a reminder representation on 03.03.2022, for issuance of Patta. However, till date no action has been taken by the respondents on the representation made by the petitioners. Hence, the present Writ Petition has been filed by the petitioners for the above relief.

5. Though very many grounds have been raised, learned counsel for the petitioners submits that it would suffice if this Court directs the respondents to consider the petitioners' representations dated 22.11.2021 and pass appropriate orders within the time frame that may be fixed by this Court.

6. The learned Additional Government Pleader appearing for the respondents submits that the petitioners' representation dated 22.11.2021 will be considered by first respondent within the time frame that may be fixed by this Court.

7. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondents to 4/6

consider the petitioners' representation dated 22.11.2021, pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity to the aggrieved persons.

8. Accordingly, these writ petitions are disposed of with the aforesaid direction. No costs.

29.09.2022 dhk Index : Yes / No Speaking Order : Yes / No To 1.The District Collector Chengalpattu District 2.The Revenue Divisional Officer Revenue Divisional Office Chengelpet District 3.The Tahsildar Tiruporur Taluk Chengalpattu District - 603 110 5/6

M.DHANDAPANI, J.

dhk W.P.Nos. 26113 of 2022 etc batch 29.09.2022 6/6