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Madras High CourtWP/5162/2016disposed of

A.S.Venkatroyan, v. District Collector,

2016-02-11Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.5162 of 2016 A.S.Venkatroyan .. Petitioner Vs.

1. District Collector, Office of the District Collector, Thiruvallur District.

2. District Revenue Officer, Thiruvallur District.

3. The Thasildar, Thirutani Taluk, Thiruvallur District. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to consider and grant patta in favour of the petitioner in Survey No.43/1 - 5 acres, Survey No.50 - 6.93 acres and Survey No.53 - 7.72 acres, situated at No.34, Mamandur Village, Thiruthani Taluk, Thiruvalalur District. For Petitioner : Mr.S.Shankar For Respondents : Mrs.P.Rajalakshmi, Govt. Advocate

ORDER

The petitioner has come forward with this Writ Petition seeking for issuance of a Writ of Mandamus to direct the respondents to consider and grant patta in favour of the petitioner in Survey No.43/1 - 5 acres, Survey No.50 - 6.93 acres and Survey No.53 - 7.72 acres, situated at No.34, Mamandur Village, Thiruthani Taluk, Thiruvalalur District.

2. It is the case of the petitioner that his forefathers were the owners of the land at No.34, Mamandur Village, Thiruthani Taluk in Survey No.43/1 - 5 acres, Survey No.50 - 6.93 acres and Survey No.53 - 7.72 acres. They were having joint patta for the above land, cultivating the land and in possession of the land. It is further stated by the petitioner that due non-payment of land tax, the authorities classified the land under the land development scheme as 'Urimai Neekkapatta Patta'. It is the averment of the petitioner that, now, the petitioner and other legal heirs are ready to pay the entire land tax upto https://hcservices.ecourts.gov.in/hcservices/

date to the Government. Hence, they have made representations in 1998, 2008 and 2012 and latest by 27.11.2015 to the respondents. Even though the said representations were sent with necessary documents to substantiate their claim for issuance of patta, the respondents have not considered the said representations. Hence, the petitioner has filed this Writ Petition for the relief stated above.

3. Heard the learned counsel for the petitioner and the learned Government Advocate, 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 claim of the petitioner, this Writ Petition is disposed of, with a direction to the third respondent to consider the latest representation, dated 27.11.2015 of the petitioner and after giving an opportunity of hearing to the petitioner and necessary parties, dispose of the said representation, dated 27.11.2015, 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.

-s/dAssistant Registrar(CCC) dt:23/2/2016 True Copy Sub-Assistant Registrar cs Copy to 1.The district Collector, Office of the District Collector, Thiruvallur District.

2. The District Revenue Officer, Thiruvallur District.

3. The Thasildar, Thirutani Taluk, Thiruvallur District. +1 cc to the Government Pleader sr.9087 + 1 cc to Mr.S.Shankar, Advocate Sr 2017 (1/3/16) W.P.No.5162 of 2016 nsn(co) aa24/02/2016 https://hcservices.ecourts.gov.in/hcservices/