P.Periyasamy v. The Principal Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.32317 of 2024 P.Periyasamy

...Petitioner

Vs.

1. The Principal Commissioner, Land Reforms / Chairman, Boomithan Board, Chepauk, Chennai - 600 005.

2. The District Collector, Tiruppur District, Tiruppur.

3. The Tahsildar, Dharapuram Taluk, Dharapuram, Tiruppur District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to issue assignment patta for the land and house situated in S.Nos.261/A1A and 261/A1B, Erasanampalayam Village, Dharapuram Taluk, Tiruppur District to the extent of 1 acre.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.A.Selvendran Special Government Pleader 1/4

O R D E R

The petitioner herein seeks a direction to the respondents 1 and 2 to issue assignment patta in respect of the property situated in S.Nos.261/A1A and 261/A1B, Erasanampalayam Village, Dharapuram Taluk, Tiruppur District.

2. By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

3. It is the case of the petitioner that he has been in possession and enjoyment of the one acre of land in survey Nos. 261/A1A and 261/A1B, Erasanampalayam Village for the past 60 years. It is further stated that he also built a building in the portion of the said land. Based on the long possession of the petitioner, he submitted a representation before the first respondent on 27.9.2024 seeking issuance of assignment patta in respect of said land and the same has not been considered till date. Therefore, the petitioner is before this 2/4

Court.

4. Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the respondents would submit that the representation of the petitioner would be considered on its own merits and appropriate orders will be passed.

5. In view of the above submission made by the learned Special Government Pleader, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the first respondent to consider the representation of the petitioner dated 27.09.2024, and pass final orders, after issuing notice to all interested parties, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

29.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order 3/4

av S. SOUNTHAR, J.

av To

1. The Principal Commissioner, Land Reforms / Chairman, Boomithan Board, Chepauk, Chennai - 600 005.

2. The District Collector, Tiruppur District, Tiruppur.

3. The Tahsildar, Dharapuram Taluk, Dharapuram, Tiruppur District.

W.P No.32317 of 2024 29.10.2024 4/4