L.Udayakumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN and W.M.P. No.30092 of 2023 L.Udayakumar ... Petitioner Vs.

1. The District Collector Villupuram District Villupuram

2. The Revenue Divisional Officer Villupuram

3. The Tahsildar Vanur Taluk Vanur, Villupuram District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue writ of Mandamus to consider and to dispose of the petitioner's application dated 19.05.2023 for grant of Patta for an extent of 26 cents of Punja land situated in Survey No.316/5 in Pommaiyarpalayam Village, Vanur Taluk, Villupuram District and forbearing the respondents from transferring or assigning the above said land to anyone.

1/5

For Petitioner : Mr.T.Ayyasamy For Respondents : Mr.V.Veluchamy Additional Government Pleader

ORDER

This Writ Petition is filed for a writ of Mandamus to consider and to dispose of the petitioner's application dated 19.05.2023 for grant of Patta for an extent of 26 cents of Punja land situated in Survey No.316/5 in Pommaiyarpalayam Village, Vanur Taluk, Villupuram District and forbearing the respondents from transferring or assigning the above said land to anyone.

2. The contention of the petitioner is that he has given an application on 19.05.2023 to the 3rd respondent and subsequently made a representation to the 1st respondent on 01.06.2023 for issuance of Patta. Subsequently, he also submitted his explanation to the 3rd respondent on 10.08.2023 and a copy of his statement was also submitted to the 1st respondent on the same date. Thereafter, the respondents 1 and 3 inspected the petitioner's land and thereafter, no further action was taken. Subsequently, the petitioner came to know that the District Collector has called for certain particulars from the Revenue Divisional Officer/2nd respondent through his letter dated 2/5

04.09.2023 instructing the 2nd respondent to send a proposal for unblocking the petitioner's land in Survey No.316/5, which has been classified as "Anaadheenam' in the revenue records and to send a proposal for transferring/assigning the said land to the Fisheries Department. Hence, the petitioner has come up with this petition seeking a directions to the respondents to the consider the petitioner's representation within a stipulated time.

3. Heard both sides and perused the records.

4. A perusal of the records shows that the respondents have not given any response to the application filed by the petitioner on 19.05.2023 and his representation dated 01.06.2023.

5. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the respondents to consider the petitioner's application dated 19.05.2023 and pass orders on merits and in accordance with law, after 3/5

issuing notice to all the interested parties and rival claimants if any, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.

20.10.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No To

1. The District Collector Villupuram District Villupuram

2. The Revenue Divisional Officer Villupuram

3. The Tahsildar Vanur Taluk Vanur, Villupuram District 4/5

P.VELMURUGAN. J.

Ksa-2 20.10.2023 5/5