B.Venkatesan v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI B.Venkatesan . . . Petitioner Vs.
1. The Government of Tamil Nadu Rep by its Secretary, Revenue department Fort St. George, Chennai.
2. The Additional Chief Secretary Commissioner of Land Administrative, Chepauk, Chennai
3. The District Collector, Tiruvallur District, Tiruvallur.
4. The Revenue Divisional Officer, RDO Office, Tiruvallur District.
5. The Tahsildar, Poonamallee Taluk, Tiruvallur District.
6. The Village Administrative Officer, Maiyyur Revenue Village, Paddur Village, Vallurpuram Post, Poonamalle Taluk, Tiruvallur District. . . . Respondents 1/7
PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other writ or direction or order in the nature of writ directing the 5th Respondent to consider and dispose Petitioner's representation dated 30.07.2022 to sub division and to issue patta to the property standing in name of his father, Late, Bagavathi, an ExArmy (Retired MRC) in respect of total extent of 4.45 acres of agricultural lands comprised in Survey No./347/3, Maiyur Gudupakkam Village, Poonamallee Taluk, Tiruvallur District measuring an extent of 1.48 cents and at Survey Nos.107/4 and 107/5, Maiyur Village, Poonamallee Taluk, Tiruvallur district measuring an extent of 1.46 cents and 1.51 cents respectively, as per the directions issued under G.O.Ms.No.277, Revenue Department dated 04.06.2004 within the time frame to be fixed by this Court.
For Petitioner : M/s.S.P.Arthi For Respondents : Mr.U.Baranidharan, Additional Government Pleader
ORDER
The present petition has been filed seeking a direction to the 5th respondent to consider the petitioner's representation dated 30.07.2022 and dispose of the same within the time that may be stipulated by this Court. 2/7
2. Mr.U.Baranidharan, learned Additional Government Pleader takes notice to the respondents
3. It is the case of the petitioner that the subject property was originally allotted to the petitioner's father who was the Ex-Service man from Army through the Maiyyur, Guddapakkam, Co-operative land Colonization Society, Kancheepuram and since the date of allotment, he was in possession of the same. After the demise of his father, the petitioner along with his mother are in joint possession of the above said property, wherein the cultivation is being carried out. Though various orders and directions came to be issued by various authorities to issue patta in favour of the beneficiaries of the subject property, however, the same was not complied with by the respondents. The petitioner being a legal heir of the deceased beneficiary, had made a representation dated 30.07.2022 seeking to sub divide the property and issue patta in favour of the petitioner. However, till date, no action has been taken on the said representation. Hence, the present petition.
3/7
4. Though very many grounds have been raised, however, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 4th respondent/tahsildar to consider the representation dated 30.07.2022 made by the petitioner seeking issuance of patta and pass appropriate orders on the same, within the time that may be stipulated by this Court.
5. On the above contentions, this Court, heard the learned Additional Government Pleader appearing for the who submits that he has no objection to the said order being passed.
6. In view of the aforesaid submissions, this Court without going into the merits of the case, directs the 5th respondent/Tahsildar to consider the petitioner's representation dated 30.07.2022 and pass appropriate orders on the same in accordance with law, after affording sufficient opportunity of personal hearing to the petitioner as well as to the aggrieved parties if any within a period of twelve weeks from the date of receipt of a copy of this 4/7
order.
7.Accordingly, this Writ Petition is disposed of with the aforesaid direction. No Costs.
25.11.2022 NHS Index : Yes / No Internet : Yes / No 5/7
M.DHANDAPANI, J.
NHS To
1. The Secretary, Government of Tamil Nadu Revenue department Fort St. George, Chennai.
2. The Additional Chief Secretary Commissioner of Land Administrative, Chepauk, Chennai
3. The District Collector, Tiruvallur District, Tiruvallur.
4. The Revenue Divisional Officer, RDO Office, Tiruvallur District.
5. The Tahsildar, Poonamallee Taluk, Tiruvallur District.
6. The Village Administrative Officer, Maiyyur Revenue Village, Paddur Village, Vallurpuram Post, Poonamalle Taluk, Tiruvallur District.
6/7
25.11.2022 7/7