Nallusamy v. The District Collector
W.P.(MD)Nos.15070 to 15073 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2021
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)Nos.15070 to 15073 of 2021
1. Nallusamy ... Petitioner in W.P(MD).No.15070 of 2021
2. Chinnakaman ... Petitioner in W.P(MD).No.15071 of 2021
3. Kamatchi ... Petitioner in W.P(MD).No.15072 of 2021
4. Mohan ... Petitioner in W.P(MD).No.15073 of 2021 Vs.
1. The District Collector, Dindigul District.
2. The Revenue Divisional Officer, Dindigul District.
3. The Tahsildar, Nilakottai Taluk, Dindigul District.
... Respondents (in all Writ Petitions) Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to issue a patta in the name of the petitioner, for the land measuring 1 Acre 60 Cents in S.No.75 in Rengappanaickenpatti, Nilakkottai Taluk in Dindigul District, on the basis of the third respondent's proceeding in Na.Ka.Nos.4321/2018/A5, 4322/2018/A5, 4323/2018/A5, 4324/2018/A5, dated 24.04.2018, and also by disposing petitioners representation dated 26.07.2021, within a period to be fixed by this Court.
For Petitioner : Mr.R.Suriyanarayanan (in all W.Ps) For Respondents : Mr.R.Baskaran, Counsel for the State (in all W.Ps) COMMON ORDER Each petitioner in this batch of four writ petitions claims to be in possession and enjoyment of government land in Survey No.75, Rengappanaickenpatti, Nilakkottai Taluk in Dindigul District. In support of the claim of possession, the respective petitioner relies upon a certificate issued by the Tahsildar, Nilakottai. According to the respective petitioner, in terms of Revenue Standing Order RSO 15, such petitioner is entitled to a patta as a landless poor person in possession for a long period of time. In these circumstances, the respective petitioner submitted a representation dated 26.07.2021 https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)Nos.15070 to 15073 of 2021 and has approached this Court in view of the non consideration thereof.
2. Mr.R.Baskaran, learned counsel for the State, accepts notice on behalf of all the respondents. He submits that the representations may be considered and disposed of on merits.
3. While the petitioners claim to be entitled in terms of RSO 15, the said claim would have to be considered in accordance with the relevant Standing Orders and Schemes, if any. For the purpose of this proceeding it is unnecessary to determine the respective petitioner's entitlement for such patta.
4. Accordingly, without going into the merits of the matter, the third respondent is directed to consider the petitioner's representation dated 26.07.2021 and dispose of the same by a reasoned order in accordance with law after providing a reasonable opportunity to the respective petitioner and any other rival claimant for such patta. Such reasoned order shall be passed within a period of three months from the date of receipt of a copy of this order.
5. W.P(MD).Nos.15070 to 15073 of 2021 are disposed of on these terms without any order as to costs.
Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn To:
1. The District Collector,Dindigul District.
2. The Revenue Divisional Officer, Dindigul District.
3. The Tahsildar, Nilakottai Taluk,Dindigul District. +1 CC to M/s.GP ( SR-27372[F] dated 26/08/2021 ) W.P.(MD)Nos.15070 to 15073 of 2021 25.08.2021 RD(13.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2