M.Radha, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.02.2016
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.4278 of 2016
1. M.Radha
2. D.Mari
3. M.Kanniyapan
4. E.Raja
5. D.Moorthy
6. R.Deivanai
7. D.Neelavathy
8. R.Eswari
9. D.Manonmani
10. M.Velu
11. M.Muthammal
12. P.Mannu
13. V.Simiyon ... Petitioners Vs.
1. The District Collector, O/o The District Collector, Tiruvannamalai - 606 601, Tiruvannamalai District.
2. The Tahsildar, O/o The Tahsildar, Arni-632 301, Thiruvannamalai District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the second respondent to consider the representation, dated 26.08.2014 for issuance of free patta to the petitioners. For Petitioners : Mr.R.Amardeep For Respondents : Mr.S.V.Durai Solai Malai, Addl.G.P.
ORDER
The Writ Petition is filed for issuance of a Writ of Mandamus to direct the second respondent to consider the representation, dated 26.08.2014 for issuance of free patta to the petitioners.
2. It is the case of the petitioners that they are Adi Dravidars residing in row houses built under the Indira Memorial Housing Scheme as beneficiaries under the Scheme and about 20 row houses were built in the land donated to the Government by an individual for an extent of 1.16 (116 cents) in Survey No.80/6B by the Panchayat. It is the further case of the petitioners that themselves and other beneficiaries are residing in those row houses, and they are having electricity connection, water facility and road facility provided by the Government.
It is further stated that 20 row houses where the Adi Dravidar families reside, are in 60 cents of land and even though repeated representations were given to the respondents, for the past several years, the respondents are not issuing them patta for the lands where the petitioners are residing, but in the total extent of 166 cents gifted to the Government by an individual, the respondents issued free patta to five persons in the excess land of 56 cents, but for the petitioners who are residing in that land for the past 23 years, the respondents have not issued the patta. The petitioners have sent separate representations, dated 26.08.2014 to the first and second respondents by way of Registered Post with Acknowledgement Due, which were received by the first and second respondents.
The first respondent, vide communication in the month of September, 2014, forwarded a letter to the second respondent to take necessary action to issue free patta to the petitioners. It is the grievance of the petitioners that till date, the second respondent has not taken necessary action on the petitioner's representation, dated 26.08.2014. Hence, the petitioners have filed this Writ Petition for the above relief.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, who took notice for the respondents.
4. Considering the limited scope of the prayer made in this Writ Petition, without going into the merits of the case, this Writ Petition is disposed of, with a direction to the second respondent to consider the said representation, dated 26.08.2014 preferred by the petitioners and after giving an opportunity of hearing to the petitioners and necessary parties, dispose of the said representation, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar
Copy to
1. The District Collector, O/o The District Collector, Tiruvannamalai - 606 601, Tiruvannamalai District.
2. The Tahsildar, O/o The Tahsildar, Arni-632 301, Thiruvannamalai District.
W.P.No.4278 of 2016 SK(CO) Eu 19.02.16