E.Bhavani Lakshmi v. The District Collector
In the High Court of Judicature at Madras Dated : 05.12.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.35821 of 2024 E.Bhavani Lakshmi
...Petitioner
Vs 1.The District Collector, Vellore, Vellore District.
2.The Tahsildar, Vellore Taluk, Vellore District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 23.9.2024 for the issuance of patta for the petitioner's property situated in Survey No.456/3 situated at Thuthikadu Village, Vellore Taluk, Vellore District within stipulated period.
For Petitioner :
Mr.M.Sathish Kumar For Respondents :
Mr.A.Selvendran, SGP
ORDER
Seeking a direction to the first respondent to consider her representation dated 23.7.2024 for the issuance of patta in respect of 1/4
the property measuring 60 cents situated in Survey No.456/3 situated at Thuthikadu Village, Vellore Taluk, Vellore District, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondents.
3. The facts leading to filing of this writ petition are as follows : The petitioner is carrying on agricultural activities to eke her livelihood. She is in occupation of the land measuring 60 cents in survey No.456/3, which was classified as an unsolved barren grama natham government poramboke land and has been cultivating the same for the past 40 years. She constructed a hut in the said property and has been residing there along with her mother. The petitioner sent two representations dated 18.7.2024 and 23.9.2024 to the first respondent seeking to grant patta in respect of the said property. However, she has not received any reply from the first respondent. According to the petitioner, persons similarly placed like the petitioner were also issued with the house site patta in the same survey number. Hence the writ petition.
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4. The appropriate authority to consider the said representation of the petitioner is the second respondent.
5. Considering the facts and circumstances of the case, the writ petition is allowed and a direction is issued to the petitioner to send a copy of the said representation dated 23.9.2024 to the second respondent along with relevant records within a period of one week from the date of receipt of a copy of this order. On receipt of such a representation, the second respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, pass orders either granting patta to the said property or rejecting the request. In the case of rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of 12 weeks from the date of receipt of such a representation. No costs.
05.12.2024 To 1.The District Collector, Vellore, Vellore District.
2.The Tahsildar, Vellore Taluk, Vellore District.
RS 3/4
P.T.ASHA,J RS 05.12.2024 4/4