M.Kanchana v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN M. Kanchana ... Petitioner

Versus

1. The District Collector First Floor, Collectorate, Tiruvallur.

2. The Tahsildhar, Thiruvallur Taluk Office, Thiruvallur.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the second Respondent to consider the petitioner representation dated 31.10.2023 and further direct the 2nd Respondent to issue Patta to the petitioner as per the G.O.Ms.No.221 dated 04.05.2023 R/w the provisions of Section 3 of Tamil Nadu Patta Pass Book Rules 1987 R/w section 2(8)(17) and Section 9(2)(b)(i)(ii) and 11(1) of Tamil Nadu Inam Estate (Abolition and Conversion into ryotwari) Act 1963 and rule 3 and 9 of Tamilnadu Inam Estate (Abolition and Conversion into ryotwari) Rules 1965. Page No.1 of 5

For Petitioner :

Mr. M. Prem Kumar For Respondents :

Mr. Yogesh Kannadasan, Special Government Pleader

O R D E R

This Writ Petition is filed seeking to issue a Writ of Mandamus to direct the second respondent to consider the petitioner's representation dated 31.10.2023 and further direct the second respondent to issue Patta to the petitioner as per G.O.Ms.No.221, Revenue & Disaster Management Department, Survey & Settlement Wing, SS-II(1) Section, dated 04.05.2023 read with the provisions of Section 3 of Tamil Nadu Patta Pass Book Rules, 1987, read with Section 2(8)(17) and Section 9(2)(b)(i)(ii) and 11(1) of the Tamil Nadu Inam Estate (Abolition and Conversion into ryotwari) Act 1963 and Rules 3 and 9 of the Tamil Nadu Inam Estate (Abolition and Conversion into Ryotwari) Rules, 1965. 2.

Since this writ petition is filed for issuance of a simple writ of mandamus to direct the second respondent to consider the representation of the petitioner, dated 31.10.2023, the learned counsel for the petitioner submitted that it is sufficient to issue direction to the second respondent to Page No.2 of 5

dispose of the petitioner's representation/appeal, within a stipualted time as may be fixed by this Court.

3.

The learned Additional Government Pleader who took notice for the respondents, submitted that the second respondent may be directed to consider the petitioner's representation/appeal dated 31.10.2023 and to pass orders on merits and in accordance with law. 4.

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 second respondent to issue notice to the petitioner, interested parties/rival claimants if any, and conduct the enquiry in the manner known to law and consider the said representation dated 31.10.2023 of the petitioner and pass appropriate orders on merits and in accordance with the law, within a period of two months from the date of receipt of a copy of this order.

Page No.3 of 5

5.

With the above directions, the Writ Petition is disposed of. No costs.

29.11.2023 Index : Yes/No Speaking order : Yes/No Neutral Case Citation : Yes/No To:

1. The District Collector, First Floor, Collectorate, Tiruvallur.

2. The Tahsildhar, Thiruvallur Taluk Office, Thiruvallur.

klt Page No.4 of 5

P. VELMURUGAN, J.

klt 29.11.2023 Page No.5 of 5