I.Francis v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2025
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA I.Francis
...Petitioner
Vs 1.The District Collector Thiruvallur Collectorate, Thiruvallur district.
2.The District Revenue Officer, Thiruvallur Collectorate, Thiruvallur district.
3.The Divisional Revenue Officer Divisional Revenue Office, Thiruvallur District.
4.The Thasildar, Thiruvallur Taluk Office, Thiruvallur Taluk.
Thiruvallur District.
...Respondents
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue Writ of Mandamus, directing the 2nd , 3rd and 4th respondents to consider the representation of the petitioner dated 07.11.2023 and direct the 4th respondent issue patta in favour of the petitioner in respect of the land comprised in Survey No.40/19 situated at Anthonypuram, Thirupanthiyur village, Thiruvallur District and rectify the same within the stipulated time period.
For Petitioner : M/s.S.C.Pratheep Ashok Kumar 1/5
For Respondents : Mr.A.Selvendran Special Government Pleader
ORDER
The Writ Petition is filed for the following relief:- The petitioner seeks a mandamus to respondents 2 to 4 to consider his representation dated 07.11.2023 and consequently grant him a patta in respect of the land in Survey No.40/19 situated at Anthonypuram, Thirupanthiyur village, Thiruvallur District. 2.It is the case of the petitioner that the above suit property was being enjoyed by their family for generations. The said property was inherited by his father Innaiah from his great grandparents and for over 120 years the family has been in possession of the same. On demise of his father, the land was inherited by the petitioner herein and his brother Anthonysamy (deceased) and Arogyaswami. His mother Thereasammal, during her lifetime managed the property along with her sons.
After his mother's demise, land has been in possession and enjoyment of the petitioner and his brothers. After the demise of his brother Anthonysamy, the petitioner and his brother Arogyasami continued to be in possession of the property and were cultivating the lands. 3.
made several representations under the integrated wasteland development scheme to the Revenue Authorities. The scheme was launched by the Government of India for developing waste land to improve the socioeconomic condition of economically weaker section. The petitioner therefore requested the revenue authority to issue patta in respect of the subject property under the scheme. The representations were made from the year 1979 to 2009. However, no concrete action was taken on the above and ultimately, the petitioner's mother passed away on 27.05.2016. After her demise the petitioner had started making representations to the respondent. The land in question came to be classified as Anadheenam in the A Register. The lands of a similar classification has been allotted to certain individuals from 2002 to date.
Since, the petitioner was not receiving any response he has come forward with the above Writ Petition. 4.Heard the learned counsels on either side. The learned Additional Government Pleader takes notice on behalf of respondents. 5.
petitioner's representation dated 07.11.2023 and pass orders thereon. It is needless to state that patta shall be granted if the petitioner is found eligible in all respects.
6.The Writ Petition is allowed with the above directions. No costs. 06.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep P.T.ASHA , J, ep 4/5
To 1.The District Collector Thiruvallur Collectorate, Thiruvallur district.
2.The District Revenue Officer, Thiruvallur Collectorate, Thiruvallur district.
3.The Divisional Revenue Officer Divisional Revenue Office, Thiruvallur District.
4.The Thasildar, Thiruvallur Taluk Office, Thiruvallur Taluk.
Thiruvallur District.
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