S.Gajendran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.33498 of 2022 S.Gajendran ....

Petitioner -Vs1.The District Collector Vellore District.

2.The District Revenue Officer Vellore District.

3.The Revenue Divisional Officer Vellore District.

4.The Tahsildar K.V.Kuppam Taluk K.V.Kuppam, Vellore.

....

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to issue patta favouring the petitioner in respect of the property situated in Survey No.7 measuring 1.60 Acres, Veppanganeri Village, K.V.Kuppam Taluk, Vellore District considering the petitioner's representation dated 28.10.2022. For Petitioner : Mr.P.Sugneshwaran For Respondents : Ms.Akila Rajednran Government Advocate 1 / 5

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the respondents to issue patta favouring the petitioner in respect of the property situated in Survey No.7 measuring 1.60 Acres, Veppanganeri Village, K.V.Kuppam Taluk, Vellore District considering the petitioner's representation dated 28.10.2022.

In respect of the agricultural land at Survey No.7 measuring 1.60 Acres, Veppanganeri Village, K.V.Kuppam Taluk, Vellore District, it is the claim of the petitioner that, from 1940 onwards the petitioner's forefathers ie., the grandfather and subsequently the petitioner's father have been in continuous possession and enjoyment of the land even though it belongs to the Government. The petitioner's father was an ex-serviceman and on that ground the petitioner is entitled to get patta. It is the further claim of the petitioner that the petitioner's father and mother are no more and their mortal remains were buried only in the said land, where he built up a memorial. When that being so, in order to get patta for the said land, the petitioner has given a representation dated 28.10.2022 to the respondents. In order to consider the same and to pass orders thereon on merits within a time frame, the petitioner has moved the present writ petition.

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3. Heard Mr.P.Sugneshwaran learned counsel for the petitioner and Ms.Akila Rajendran learned Government Advocate appearing for the respondents.

4. Learned Government Advocate would submit that the representation of the petitioner dated 28.10.2022 would be considered and decided on merits and in accordance with law by the 3rd respondent within a time frame that may be stipulated by this Court.

5. In view of the aforesaid submission made by the learned Government Advocate and having regard to the factual matrix of the case, this Court is inclined to dispose of this writ petition with the following order: That there shall be a direction to the 3rd respondent to consider the representation of the petitioner dated 28.10.2022 and pass necessary orders thereon on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs. 13.12.2022 Index : Yes/No Internet : Yes/No 3 / 5

KST To 1.The District Collector Vellore District.

2.The District Revenue Officer Vellore District.

3.The Revenue Divisional Officer Vellore District.

4.The Tahsildar K.V.Kuppam Taluk K.V.Kuppam, Vellore.

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R. SURESH KUMAR, J.

KST W.P.No. 33498 of 2022 13.12.2022 5 / 5