J.Deepika v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI 1.J.Deepika 2.J.Beena 3.S.Tharakeswari ... Petitioners in W.P.32516/2022 S.Vimala ... Petitioner in W.Ps.32520/2022 & 32522/2022 Vs.
The District Collector, Kallakurichi District - 606 202.
... Respondent in W.P.32516/2022 1.The District Collector, Kallakurichi.
... Respondent in W.P.32520/2022 & 32522/2022 2.The Tahsildar, Sankarapuram, Kallakurichi District.
3.The Superintendent of Police, Office of the Superintendent of Police, Kallakurichi.
4.The Inspector of Police, Sankarapuram - 606 402, Kallakurichi District.
... Respondents in W.P.32520/2022 1/6
Prayer in W.P.No.32516 of 2022:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent herein to consider the representation dated 01.11.2022 and cancel the assignment pattas under proceedings No.A/808/1996 in respect of the lands of an extent of 1 acre and 67 cents in Kattuvannanjur Village, Sankarapuram, Kallakurichi District, in Survey No.257/9, 257/10, 257/11, 257/12, 257/13, 257/14 and 257/15.
Prayer in W.P.No.32520 of 2022:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to measure the lands of the petitioner by giving police protection pursuant to the representation dated 08.10.2022 in respect of the lands of an extent of 2.48 acres in Survey No.255/7, 258/8 and 255/17, Kattuvavananjur Village, Sankarapuram, Kallakurichi District. Prayer in W.P.No.32522 of 2022:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent herein to consider the representation dated 08.10.2022 and cancel the assignment patta 2/6
as under proceedings No.A/808/1996 in respect of the lands of an extent of 2.48 acres in Survey No.255/7, 258/8 and 255/17, Kattuvannanjur Village, Sankarapuram, Kallakurichi District. For Petitioners : M/s.A.L.Ganthimathi For Respondents : Mr.T.K.Saravanan Government Advocate C O M M O N O R D E R Since the issue involved in these writ petitions are related to each other, they are heard together and disposed of by way of a common order.
2.The petitioners in W.P.Nos.32516 and 32522 of 2022 have filed the writ petitions seeking issuance of Writ of Mandamus directing the respondent to consider the representations dated 01.11.2022 and 08.10.2022 respectively and to cancel the assignment pattas in respect of the subject lands.
3.The case of the petitioners is that the petitioners are the owners of the subject properties, however, without their knowledge, assignment pattas were granted in favour of third parties. Hence, the 3/6
petitioners made representations to the respondent seeking cancellation of the assignment pattas and since the same have not yet been considered, have filed the writ petitions. 4.The learned Government Advocate appearing for the respondent submitted that the representations made by the petitioners are under active consideration before the District Collector and appropriate orders will be passed, within the time frame fixed by this Court.
5.In view of the above, this Court, without expressing any opinion on the merits of the case, directs the District Collector, Kallakurichi, to pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order. 6.The petitioner in W.P.No.32522 of 2022 has also filed W.P.No.32520 of 2022 seeking issuance of Writ of Mandamus directing the respondents to measure the lands of the petitioner by giving police protection pursuant to the representation dated 08.10.2022 in respect of the lands of an extent of 2.48 acres in Survey No.255/7, 258/8 and 255/17, Kattuvavananjur Village, Sankarapuram, Kallakurichi District. 4/6
7.In view of the order passed in W.P.No.32522 of 2022, W.P.No.32520 of 2022 stands closed with liberty to the petitioner to pursue the remedy after conclusion of the proceedings. 8.The writ petitions in W.P.Nos.32516 and 32522 of 2022 are disposed of and the writ petition in W.P.No.32520 of 2022 is closed. No costs.
02.12.2022 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The District Collector, Kallakurichi - 606 202.
2.The Tahsildar, Sankarapuram, Kallakurichi District.
3.The Superintendent of Police, Office of the Superintendent of Police, Kallakurichi.
4.The Inspector of Police, Sankarapuram - 606 402, Kallakurichi District.
5/6
M.DHANDAPANI,J.
pri W.P.Nos.32516, 32520 and 32522 of 2022 02.12.2022 6/6