K.Ezhumalai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.26970 of 2024 and W.M.P.No.29475 of 2024 K.Ezhumalai

...Petitioner

Vs.

1. The District Collector, Vilupuram, Vilupuram District.

2. District Revenue Officer, Vilupuram, Vilupuram District.

3. Revenue Divisional Officer Vilupuram, Vilupuram District.

4. Tahsildar Kandachipuram Tk., Vilupuram District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1 to 4 respondents to grant assignment/patta for the property admeasuring 50 cents comprised in Sy. No. 1/5

181/1 and property admeasuring 1 Acre and 50 cents comprised in Sy. No.181/2 and thus totally admeasuring 2 Acres situated at Arangadanallur Village, Kandachipuram Taluk, Vilupuram District. For Petitioner : Mr.R.Rajarajan For Respondents : Mr.P.Sathish for R1 to R4 Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents 1 to 4 to grant assignment patta in respect of the property admeasuring 50 cents in S.No.181/1 and property admeasuring 1 acre and 50 cents in S.No.182/2 at Arangadanallur Village, Kandachipuram Taluk, Villupuram District.

2. It is the case of the petitioner that the above mentioned property has been in possession and enjoyment of his family for four generation from the date of his great grand father Ponnusamy Udaiyar. It is further stated by the petitioner that he is cultivating the said property and he has been in possession and enjoyment of the same. The respondents attempted to assign the said property, which is in possession of the petitioner, in favour 2/5

of the third parties. Therefore, the petitioner submitted a representation on 01.03.2012 to the fourth respondent seeking assignment of patta in his favour. The said representation has not been considered. Hence, the petitioner is before this Court.

3. Mr.P.Sathish, learned Additional Government Pleader who takes notice for the respondents 1 to 4 would submit that the petitioner is owning some wet lands. Therefore, the representation of the petitioner will be considered, subject to his eligibility to get assignment patta.

4. A perusal of the typed set of papers would suggest that the petitioner submitted a representation before the fourth respondent on 01.03.2012. It is also stated that the fourth respondent is not competent to consider the representation for assignment of lands.

5. In such circumstances, the petitioner is directed to submit a fresh representation before the first respondent seeking assignment of the above mentioned land within a period of two weeks from the date of receipt of copy of this order. If any such representation is filed by the petitioner, the first 3/5

respondent shall consider the same and pass final orders, on its own merits, within a further period of 12 weeks from the date of receipt such representation.

6. With the above observations, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 01.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna To

1. The District Collector, Vilupuram, Vilupuram District.

2. The District Revenue Officer, Vilupuram, Vilupuram District.

3. The Revenue Divisional Officer Vilupuram, Vilupuram District.

4. The Tahsildar Kandachipuram Tk., Vilupuram District.

4/5

S.SOUNTHAR , J.

dna W.P No.26970 of 2024 and W.M.P.No.29475 of 2024 01.10.2024 5/5