Madras High CourtWP(MD)/12192/2015disposed of

Ponnan v. The District Collector

2017-10-26Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.12192 of 2015 1.Ponnan 2.P.Kandan 3.Periyammal 4.Chinnakannu 5.Ramachandran 6.Andi Chinnaya 7.Pandian 8.Deiva Gandhi ... Petitioners Vs.

1. The District Collector, Pudukkottai District.

Pudukkottai .

2. The District Revenue Officer, Pudukkottai District, Pudukkottai.

3. The Revenue Divisional Officer, Illuppur, Pudukkottai district.

4. The Tahsildar, Illuppur Taluk, Pudukkottai District.

5. The Revenue Inspector, Kodambalur Revenue Village, Pudukkottai District.

6. The Village Administraive Officer, Kodambalur Village, Pudukkottai District.

... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to issue Ryotwari patta to the petitioners favour in respect of the Inam lands in the Kodumbalur Village, Illuppur Taluk, Pudukkottai District in accordance with TamilNadu Inam Estates (Abolition and conversion into Ryotwari) Act, 1963 (Act 26 of 1963) and its Rules 1965.

For Petitioner : Mr.G.Marimuthu For Respondents : Mr.J.Gunaseelan Muthiah, Government Advocate

ORDER

This writ petition has been filed seeking to direct the respondents to issue Ryotwari patta to the petitioners in respect of the Inam lands in the Kodumbalur Village, Illuppur Taluk, Pudukkottai District in accordance with TamilNadu Inam Estates (Abolition and conversion into Ryotwari) Act, 1963 (Act 26 of 1963) and its Rules 1965.

2. Heard the learned Counsel appearing on either side.

3. It is the case of the petitioners that they are in possession and enjoyment of agricultural lands for quite a long time and though the TamilNadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 came into force on 15.02.1965, the authorities did not take any steps to issue Ryotwari Patta to them. On 02.02.2015, a representation was submitted to the respondents 3 and 4 on behalf of All India Kisan Sabha, to issue Ryotwari Patta to the Agriculturist, due to which, the third respondent directed the fourth respondent to conduct enquiry and submit a report to him. Since there was no response thereafter, they have submitted individual applications dated 19.05.2015 to the Tahsildar, Illuppur Taluk to issue Ryotwari Patta and pursuant to the inaction on the part of the respondents, the present writ petition has been filed for the relief as stated supra.

4. Though the petitioner has sought for a larger relief as stated above, the learned Counsel for the petitioners would submit that it would suffice, if the applications /representations dated 19.05.2015 submitted by the petitioners to the Tahsildar, Illuppur Taluk, are directed to be considered in a time bound manner.

5. The learned Government Advocate appearing for the respondents fairly submits that the third respondent is the competent authority to pass orders in this matter and if a reasonable time is granted to the third respondent, appropriate orders will be passed on the applications of the petitioners dated 19.05.2015.

6. In view of the above submission and also considering the limited scope of the prayer sought for by the petitioners, this Court, without going into the merits of the matter, directs the third respondent to consider the applications / representations of the petitioners dated 19.05.2015 and pass appropriate orders thereon, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner as well as

other interested parties, if any.

7. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To: