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Madras High CourtWP/905/2017disposed of

A.Palanisamy v. The District Collector

2020-11-11Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.Nos.905 & 906 of 2017 and W.M.P. Nos 898 & 899 of 2017 A. Palanisamy ... Petitioner in W.P.No.905/2017 P. Rajendran ... Petitioner in W.P.No.906/2017 v.

1. The District Collector, Villupuram, Villupuram District.

2. The Revenue Divisional Officer, Kallakuruchi, Villupuram District.

3. The Tahsildar, Chinna Salem, Villupuram District.

4. Block Development Officer, Kalvarayanmalai Panchayat Union, Vellimalai, Villupuram District.

... Respondents in both WPs W.P.No.905/2017 :-Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the respondents to consider the case of the petitioner for issuing patta/assignment for the property situated in Survey No.51/2 measuring an extent of 0.84.5 Ares Mel Vanniyur Village in favour of the petitioner in view of the continuous enjoyment and possession of the property.

W.P.No.906/2017 :-Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the respondents to consider the case of the petitioner for issuing patta/assignment for the property situated in Survey No.51/2 measuring an extent of 0.84.5 Ares Mel Vanniyur Village in favour of the petitioner in view of the continuous enjoyment and possession of the property.

For Petitioners : Mr. Hemnath for Mr. S.Sivakumar For Respondents: Ms. A. Madhumathi, Special Government Pleader COMMON ORDER The petitioners have filed the above Writ Petitions to issue Writs of Mandamus directing the respondents to consider the case of the petitioners for issuing patta/assignment for the properties situated in Survey No.51/2 measuring an extent of 0.84.5 Ares each in Mel Vanniyur Village in favour of the petitioners in view of the continuous enjoyment and possession of the property.

2. Mr. Hemnath, learned counsel appearing for the petitioners submitted that though the petitioners have given their representation to the 3rd respondent as early as on 14.11.2016, the 3rd respondent has not passed any order sofar.

3. Ms. A. Madhumathi, learned Special Government Pleader, appearing for the respondents submitted that the land in question belongs to a temple and therefore, suitable orders would be passed by the 3rd respondent in accordance with law, within a period of eight weeks.

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the learned counsel for the petitioners, without expressing any opinion with regard to the merits of the case, I direct the 3rd respondent to consider the petitioners' representation dated 14.11.2016 and pass 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.

With these observations, the Writ Petitions are disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar Rj

To

1. The District Collector, Villupuram, Villupuram District.

2. The Revenue Divisional Officer, Kallakuruchi, Villupuram District.

3. The Tahsildar, Chinna Salem, Villupuram District.

4. Block Development Officer, Kalvarayanmalai Panchayat Union, Vellimalai, Villupuram District.

+1 CC to Mr.S. Sivakumar, Advocate sr 36828 +1 CC to The Government Pleader sr 36757.

W.P.Nos.905 & 906 of 2017 and W.M.P. Nos 898 & 899 of 2017 UM(CO) SP(04/12/2020)