Vannamayil v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.03.2024

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Vannamayil ... Petitioner

Versus

1. The District Collector, Vellore District, Vellore - 632009

2. The Tahsildar, Gudiyanthan Taluk, Gudiyantham - 632602.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the second respondent to issue patta passbook to the petitioner for the land comprised in survey number 82/1 measuring about 1.24 acres situated at Pichanur Village, Gudiyantham Taluk, Vellore District.

For Petitioner : Mr.B.Lenin Balu For Respondents : Mr.A.Selvendran Special Government Pleader ****** 1/5

ORDER

This writ petition has been filed seeking direction to the second respondent to issue patta to the petitioner's land comprised in survey number 82/1 measuring about 1.24 acres situated at Pichanur Village, Gudiyantham Taluk, Vellore District.

Learned counsel for the petitioner would submit that initially the lands in S.No.82/1 measuring an extent of 4.72 acres situated at Pichanur Village, Gudiyantham were acquired by the Government and the same was challenged by the land owners in W.P.No.4231 of 1990 and this Court set aside the acquisition by its order dated 06.09.2006. Thereafter the petitioner purchased an extent of 1.24 acres in the year 2008 and cultivating the same from the date of purchase and applied for transfer of patta in her name and since the same was not considered by the respondents, she filed a writ petition in W.P.No.18533 of 2010 to issue patta. This Court by order dated 25.10.2016 directed the second respondent to consider and pass orders within eight weeks and also directed to the petitioner to give fresh representation. 2.1 Thereafter the petitioner gave representation dated 23.02.2019 to the respondent and the first respondent also sent communication to the second 2/5

respondent in Na.Ka.D3/3845/2019 dated 06.03.2019 to make suitable action on the petitioner's representation. But till date the second respondent did not take any action on the petitioner's representation. Therefore the present writ petition.

Learned Special Government Pleader for the respondents sought time to consider the petitioner's representation. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.

The grievance of the petitioner is that even after the directions of this Court, the second respondent did not pass any orders on the petitioner's representation for issuance of patta. Considering the limited prayer sought for by the petitioner to consider her representation, the second respondent is directed to consider the petitioner's representation and issue notice to the petitioner and to the rival claimants/interested parties and pass orders on merit in accordance with law within a period of six weeks from the date of receipt of a copy of this order without fail.

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With the above directions, the writ petition shall stand disposed of. No costs.

07.03.2024 Index: Yes/No cgi To

1. The District Collector, Vellore District, Vellore - 632009

2. The Tahsildar, Gudiyanthan Taluk, Gudiyantham - 632602.

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P.VELMURUGAN, J., cgi 07.03.2024 5/5