Madras High CourtWP(MD)/236/2025disposed of

V. Jayaraj v. The District Collector

2025-01-07Honourable Mrs Justice N. Mala6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA W.P(MD)NO.236 OF 2025 V.Jayaraj : Petitioner .vs.

1.The District Collector, District Collectorate, Theni District, Theni.

2.The Tahsildar, Taluk Office, Uthamapalayam Taluk, Theni District.

3.The Village Administrative Officer, Office of the Village Administrative Officer, T.Meenatchipuram Village, Uthamapalayam Taluk, Theni District.

:Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider and dispose the Petitioner's representation, dated 17.4.2023 and consequently to direct the second respondent to add/include the Petitioner's name in Patta NO.1550 concerned with Survey Nos. 167/3A, 203/5B at revenue village T.Meenatchipuram Village, Uthamapalayam Taluk, Theni District within the time stipulated by this Court.

For Petitioner :Mr.R.Balaguri Swamy For Respondents :Mr.A.Kannan, 1 to 3 Additional Govt.Pleader

O R D E R

********** This Writ Petition is filed for a Writ of Mandamus directing the respondents to consider and dispose the Petitioner's representation, dated 17.4.2023 and consequently to direct the second respondent to add/include the Petitioner's name in Patta NO.1550 concerned with Survey Nos. 167/3A, 203/5B at revenue village T.Meenatchipuram Village, Uthamapalayam Taluk, Theni District within the time stipulated by this Court. 2.Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.The Petitioner acquired the properties in S.No.167/3A to an extent of 0.18.5 hectares, and S.No.203/5B to an extent of 0.35.0 hectares at T.Meenatchipuram Village, Uthamapalayam Taluk, Theni District, along with other S.Nos.161/1B, 192/2A, 192/3, 192/2A, 192/4E at T.Meenatchipuram Village, from his father in law. After the demise of the Petitioner's father in law, his brother

in laws attempted to evict the Petitioner from the said lands and therefore, the Petitioner was forced to apply for conferment of title by patta as per Section 4(2) and 5(2) of the Tamil Nadu Agricultural Lands Record of Tenancy Act, 1967(Tamil Nadu Act 10 of 1969) and Rule 10 of the Tamil Nadu Agricultural Lands Record of Tenancy Rights Rules, 1969.The second respondent conducted an enquiry by issuing summons to the Petitioner and his brother's in law R.Muthuramachandra Boopathy, R.Jayaram and J.Vijayakumari. Even though the enquiry was conducted on several days, the said persons failed to appear for enquiry and therefore, the second respondent passed an order in favour of the Petitioner on 14.3.2000, conferring title by patta(Uzhavadai patta).

The second responent in the said order gave 30 days time for the opposite parties to appear, before the appellate authority. Even though the order was passed as early as on 14.3.2000, the Petitioner's name was not included in patta No.1550. The Petitioner, therefore, gave representation on 17.4.2023 to the respondents for inclusion of his name in patta No.1550, with respect to Survey No.167/3A and 203/5B. The said representation was received by the respondents on 6.6.2023, but no action was taken by the respondents. Therefore the Petitioner filed the above Writ Petition for the aforesaid relief.

4.The learned counsel fo the Petitioner submitted that inspite of the Petitioner's representation, dated 17.4.2023, even after a lapse of almost 1 1⁄2 years, the respondents did not take any steps on the Petitioner's representation and therefore, the respondents should be directed to consider and pass orders on the Petitioner's representation within a time frame to be stipulated by this Court. 5.As rightly contended by the learned counsel for the Petitioner, the Petitioner's representation, dated 17.4.2023 has been kept pending for over 1 1⁄2 years without any action being initiated and therefore, I am inclined to direct the second respondent to consider and pass orders on merits and in accordance with law, the Petitioner's representation, dated 17.4.2023 within a period of 12 weeks, from the date of receipt of a copy of this order. It is needless to state that the second respondent shall issue notice of enquiry to all the interested persons before passing orders on the Petitioner's representaion. 6.The Writ Petition is accordingly disposed of. No costs. 07.01.2025

NSC :Yes/No Index:Yes/No Internet:Yes/No vsn To 1.The District Collector, District Collectorate, Theni District, Theni.

2.The Tahsildar, Taluk Office, Uthamapalayam Taluk, Theni District.

3.The Village Administrative Officer, Office of the Village Administrative Officer, T.Meenatchipuram Village, Uthamapalayam Taluk, Theni District.

N.MALA, J.

vsn ORDER MADE IN W.P(MD)NO.236 of 2025 07.01.2025