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Madras High CourtWP(MD)/11275/2016disposed of

Pavala Malliga, W/O.Anbudasan v. The District Collector

2016-06-24Honourable Mr Justice M. Venugopal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 24.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.11275 of 2016 Pavala Malliga ..Petitioner Vs 1.The District Collector, Thiruchirappalli District, Thiruchirappalli.

2.The District Revenue Officer, Collectorate Office Campus, Thiruchirappalli.

3.The Tahsildar, East Taluk Office, Town Hall Road, Thiruchirappalli.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to consider the Petitioner's representation dated 24.04.2016 to effect necessary entries in respect of the Petitioner's property comprised in S.No.60/3G measuring an extent of 3 acres Punja lands situated in Aryamangalam Village, Thiruchirappalli District. For Petitioner :M/s.M.Nallakannan For Respondents :Mr.S.Kumar Addl.Govt.Pleader

ORDER

Heard both sides.

2.By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3.According to the Petitioner, he belongs a poor and downtrodden community and submit her application before the First Respondent/The District Collector, Thiruchirappalli

District, Thiruchirappalli and after verification and necessary scrutiny, the First Respondent assigned the land in S.No.60/3, sub-divided as S.No.60/3G measuring 3 acres of Punja lands. In fact, the said lands were assigned by means of an order, dated 10.6.1974.

4.The categorical plea of the Petitioner is that he is in peaceful possession and enjoyment of the property without any hindrance from any quarters. He made representation to the Respondents for issuance of patta in his favour of the said lands. Now, the property comes within the jurisdiction of Thiruchirappalli Municipal Corporation. Thereafter, he approached the Corporation Authorities for mutation of revenue records in his name. In this connection, he had submitted a detailed representation to the Respondents on 24.4.2016 requesting them to cause and effect necessary entries in respect of his property in the subject-matter in issue. Till date, the said representation is pending without any disposal.

5.At this stage, the learned Additional Government Pleader appearing on behalf of the Respondents 1 to 3 would submit that it is for the Village Administrative Officer, Chengulam, Thiruchirappalli District to make necessary entries in the Village Accounts and that in the present case, the Village Administrative Officer of the above said village has not been arrayed as one of the Respondents in the Writ Petition. 6.Considering the fact that the Petitioner's representation, dated 24.4.2016 addressed to the Respondents is pending without any progress, this Court deems it fit and proper to direct the Third Respondent/The Tahsildar, East Taluk Office, Town Hall Road, Thiruchirappalli to look into the representation of the Petitioner, dated 24.4.2016 within a period of four days from the date of receipt of a copy of this order.

Thereafter, it is for the Third Respondent/The Tahsildar, East Taluk Office, Town Hall Road, Thiruchirappalli to consider his representation in a fair, free, unbiased and dispassionate manner and to dispose of the same by passing a reasoned speaking order on merits(of course after providing necessary opportunity to the Petitioner and others concerned, if any, by adhering to the principles of natural justice in true letter and spirit) within a period of three weeks thereafter.

If the Third Respondent//The Tahsildar, East Taluk Office, Town Hall Road, Thiruchirappalli is in need of the assistance of the Village Administrative Officer, Chengulam, Thiruchirappalli District, then it is open to him to take his assistance for an effective and efficacious consideration of the representation of the Petitioner in the manner known to law and in accordance with law.

consideration of the same at the time of disposal of the representation of the Petitioner, dated 24.4.2016. The Petitioner is directed to lend his assistance and co-operation to the Third Respondent as regards the disposal of his petition, dated 24.4.2016.

7.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.

Sd/ Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Thiruchirappalli District, Thiruchirappalli.

2. The District Revenue Officer, Collectorate Office Campus, Thiruchirappalli.

3. The Tahsildar, East Taluk Office, Town Hall Road, Thiruchirappalli.

+1cc to Mr.M.Nallakannan, Advocate in SR.No.33170 +1cc to the Special Government Pleader in SR.No.33101 SDR/ARK-PV/SAR I/29.06.2016/3P/6C W.P(MD)No.11275 of 2016 24.06.2016