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Madras High CourtWP/30525/2022disposed of

V.B.Narendher v. The District Collector

2022-11-30Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI V.B.Narendher ... Petitioner Vs.

1.The District Collector, Tiruvallur District, Tiruvallur - 602 001.

2.The District Revenue Officer, SP Nagar, Tiruvallur District, Tiruvallur - 602 003.

3.The Revenue Divisional Officer, SP Nagar, Tiruvallur District, Tiruvallur - 602 003.

4.The Tahsildar, Tiruvallur District, Tiruvallur - 602 001.

5.R.Mangaiarkarasi ... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to issue allotted patta to the petitioner based on the representation dated 23.09.2022. 1/6

For Petitioner : Mr.D.Manimaran For Respondents : Mr.U.Bharanidharan for RR1 to 4 Special Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to issue allotted patta to the petitioner based on the representation dated 23.09.2022. 2.Since, no adverse orders is being passed as against the 5th respondent, notice to the 5th respondent is dispensed with. 3.The case of the petitioner is that the petitioner is the Vice President of the Ex-Servicemen Residential Association in Sam Manekshaw Nagar, Thiruninravur, Pakkam Village and also one R.Mangaiarkarasi/ 5th respondent herein is the President of the said Association which consists of about 306 members. Whileso, the Tamil Nadu Government had planned to issue pattas to ex-servicemen and subsequenlty, on 23.04.2021, vide allottment proceedings No.2032/2021/Aa2 was issued by the Government of Tamil Nadu. Further, as per the allottment proceedings dated 23.04.2021, 2/6

the concerned Tahsildar/ 4th respondent had issued all the 306 individual pattas along with FMB to the 5th respondent, whereas, the 5th respondent had not issued the same to the pattadhars. Thereafter, out of 306 patta, only 50 to 60 pattas were issued to the concerned persons and they were not issued FMB/Sketch relating to the A-register. The petitioner further states that the 5th respondent has stopped to work out the remedy before the respondents 1 to 4. Being the Vice President, the petitioner himself has neither received the Patta nor the FMB sketch. On three occassions ie., 28.03.2022, 04.04.2022 and 17.05.2022, the petitioner sent a RTI letter relating to the documents/ details of the 306 beneficiaries who were allotted with pattas. While so, on 03.08.

2022, the Chief Deputy Tahsildar issued a reply stating that there were no record relating to the payment of land tax on behalf of the members of the Ex-servicemen Residential Association. Two appeals were preferred by the petitioner to his RTI letter dated 28.03.2022 for which, on 27.07.2022, the petitioner received a latter from the Revenue Divisional Officer to provide him with necessary information. After enumber of RTI letter, the petitioner received a reply dated 09.09.2022 from the 4th respondent along with the list of 306 beneficiaries along with the details of pattas.

dated 23.09.2022 to the respondents for issuance of patta, but, till date the same has not been considered and hence, the petitioner has filed this Writ Petition.

4.Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's representation dated 23.09.2022 and pass orders on the same within a particular time frame fixed by this Court.

5.Mr.U.Bharanidharan, the learned Additional Government Pleader for the respondents submits that if any direction is given by this Court, the same will be complied with.

6.This Court vide its order dated 17.11.2022 directed the respondents to consider the petitioner's representation dated 23.09.2022 and pass appropriate orders on the same. However, the same was not complied with. Therefore, this Court without expressing any opinion on the merits of the case directs the respondents to consider the petitioner's representation dated 23.09.2022 on merits and in accordance with la2, after affording an 4/6

opportunity of hearing to the petitioner as well as the 5th respondent and pass appropriate orders, within a period of two weeks from the date of receipt of a copy of this order.

7.This writ petition is accordingly disposed of. No costs. 30.11.2022 gba Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The District Collector, Tiruvallur District, Tiruvallur - 602 001.

2.The District Revenue Officer, SP Nagar, Tiruvallur District, Tiruvallur - 602 003.

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3.The Revenue Divisional Officer, SP Nagar, Tiruvallur District, Tiruvallur - 602 003.

4.The Tahsildar, Tiruvallur District, Tiruvallur - 602 001.

M.DHANDAPANI,J.

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