Madras High CourtWP/31576/2022disposed of

Bakkiyam v. The District Collector

2022-11-25Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI

1. Bakkiyam

2. Babu

3. Sahabudeen

4. Balakrishnan

5. Arockianathan

6. Jothi

7. Indira

8. Shanthi . . . Petitioners Vs.

1. The District Collector, Cuddalore, Cuddalore District.

2. The Tahsildar, Taluk Office, Virudhachalam Taluk, Cuddalore District. . . . Respondents 1/6

PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue appropriate writs, orders or directions and in particular a writ in the nature of Mandamus directing the respondents to consider the petitioner's representation dated 19.11.2022 and conduct an enquiry by affording a reasonable opportunity or hearing.

For Petitioner : M/s.S.Saravana Kumar For Respondents : Mr.U.Baranidharan, Additional Government Pleader

ORDER

The present petition has been filed seeking a direction to the respondents to consider the representation dated 19.11.2022 made by the petitioner and conduct an enquiry by affording an opportunity of personal hearing to the petitioner.

2. Mr.U.Baranidharan, learned Additional Government Pleader takes notice for respondents.

3. It is the case of the petitioners that they are in possession of the Government Poromboke lands comprised in R.S. No.117/3 within the limits 2/6

of Vridhachalam Municipality, Cuddalore, from past 50 years, having put up houses and shops in the above said lands. The petitioners made a representation dated 19.11.2022 to the 1st respondent, seeking to issue patta in their favour in respect of the above said lands. However, till date, no action has been taken on the said representation. Hence, the present petition has been filed.

4. Though very many grounds have been raised, learned counsel for the petitioners submitted that it would suffice if this Court issues a direction to the 1st respondent to consider the petitioner's representation dated 22.11.2022 and pass orders on the same on merits 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 respondents.

6. A perusal of the materials available on record reveals that representation seeking issuance of patta has been made before the 1st 3/6

respondent/District Collector, however, the 2nd respondent/Tahsildar is the competent authority to issue patta. That being the case, this Court without going into the merits of the case, directs the petitioner to make a fresh representation before the 2nd respondent, within a period of two weeks from the date of receipt of a copy of this order. On such representation being made, the 2nd respondent is directed to consider the same and pass appropriate orders in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this 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 4/6

1. The District Collector, Cuddalore, Cuddalore District.

2. The Tahsildar, Taluk Office, Virudhachalam Taluk, Cuddalore District.

5/6

M.DHANDAPANI, J.

NHS 25.11.2022 6/6